Photographing Art in a Gallery. What does the law say — and why does the gallery have a duty to protect artists.
This week, lawyer Marine Le Bihan ,specialist in Art Law and Business Litigation in France , shared a case that deserves attention. The widow of a photographer identified, on the platform Leboncoin, the sale of counterfeit works under a pseudonym. She brought the matter before the emergency judge under Article 145 of the French Code of Civil Procedure - a provision that allows any interested party to request evidentiary measures before any proceedings, provided there is a legitimate reason to preserve or establish proof of facts relevant to a future dispute. On March 30, 2026, the Paris Court ruled in her favour, ordering the platform to disclose the identity of the seller.
A victory. And a reminder of something that happens every day ,in galleries, in museums, on social media.
What does the law say about photographing artworks?
Under Article L.111-1 of the Code de la Propriété Intellectuelle, every author enjoys, by the sole fact of creation, an exclusive intangible property right enforceable against all. Any reproduction — including photography — requires the artist's written authorisation for the entire duration of their patrimonial rights. After death, this right persists in favour of the heirs during the current civil year and the seventy years that follow, pursuant to Article L.123-1.
A gallery is a private space. Photography without authorisation inside private premises is not a matter of internal policy , it is a legal obligation. European Directive 2001/29/CE of May 22, 2001 provides a panorama exception only for works permanently placed in public spaces.
Temporary exhibitions in galleries are explicitly excluded.
This applies equally to professional cameras and to mobile phones.
Why does this matter today?
A single image taken without permission can circulate commercially, be reproduced, resold , while the artist receives nothing and is never consulted. This case demonstrates that the courts are watching. The law — French and European — exists and can be activated.
At La SMART Galerie , we take this responsibility seriously. Not because we are required to. But because respecting art begins with respecting those who created it.
Gusttavo Henri Borges Tomasini
PARIS 75 Image
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