Can I take a photograph of a copyrighted work and post it online?

Posting a photograph of a copyrighted work online generally constitutes communication of the work to the public, which is an exclusive right of the author or rightholder. Such communication is permitted if the author or rightholder has granted authorization for the work to be made available to the public, or if the work has already been lawfully communicated to the same public by the same technical means.

If a work protected by copyright is permanently located in a publicly accessible place, it may be communicated to the public without authorization, provided that this is done for non-commercial purposes and that the source and the author’s name (if indicated on the work) are acknowledged.

The publication of a photograph with a copyrighted work may also be lawful under the exception for incidental inclusion. This applies where the copyrighted work does not constitute an essential part of the photograph and appears merely as a background or incidental element.