Where a photograph is taken which incidentally includes
another copyright work, the copyright in
that other work is not infringed by taking the photograph or subsequently using it. Accordingly there
is no problem in publishing a photograph of a person in front of a bookshelf full of books. However,
a copyright work would not be considered to have been included in a photograph incidentally where
it is the subject or main subject of the photograph. Deliberate inclusion of a copyright work in a
photograph is also unlikely to be considered to be 'incidental'.
Any copyright in a building, or a sculpture which is permanently
situated in a public place or
premises open to the public, is not infringed by taking a photograph of it or subsequent use of the
photograph.
A photograph can be taken of an artistic work for the
purpose of advertising the sale of the work in
hard copy brochures, but only for this purpose, without infringing any copyright in the artistic work.
The fair dealing exception for reporting current events
does not apply to photographs.
