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Aerial photograph of a highway interchange. This image was taken from a small airplane.

Aerial photography involves capturing images from an elevated perspective, often using drones, aircraft, or satellites. While this form of photography provides unique and valuable perspectives, it also raises complex legal issues. These issues include copyright in the photographs themselves, potential copyright in objects or structures depicted, privacy concerns, and compliance with national and international regulations governing airspace and aerial imagery.

The legal landscape for aerial photography varies significantly across countries. Restrictions may apply to the depiction of certain buildings, private properties, or sensitive areas such as military installations. Privacy laws often impose additional obligations, especially when individuals are identifiable in aerial images.

Understanding these legal aspects is essential for ensuring that aerial photographs uploaded to Wikimedia Commons comply with copyright and other applicable laws. This page aims to provide an overview of these issues, offering guidance for contributors and resources for further information.

Legal Aspects

Introduction

A brief overview of the topic, explaining the importance of understanding legal aspects when uploading aerial photography to Wikimedia Commons.

General Principles

Aerial photography can be conducted using drones, aircraft, or satellites.
National regulations often govern the use of airspace for photography.
Legal considerations vary depending on the country, including copyright, privacy, and security concerns.
Important: Freedom of Panorama does usually not apply to aerial photography!^[1]

Copyright Issues

Copyright in Aerial Photography

The creator of the photograph (typically the photographer or drone operator) holds the copyright to the photograph.
If a drone is used, ensure you have the right to publish the work, especially for drones operated by third parties.
Check for any legal limitations on using aerial images commercially.

Copyright of Depicted Works

Photographs of copyrighted structures, sculptures, or artworks may constitute derivative works.
The applicability of Freedom of Panorama (FOP) varies by country and determines whether such photos can be freely uploaded.
Public domain works can usually be photographed freely, provided no privacy or security laws are violated.

Privacy Concerns

Respect privacy laws in your country and others.
Avoid capturing identifiable individuals without their consent.
Images of private property taken from public airspace may still be subject to legal restrictions.

National Security and Restricted Areas

Some areas, such as military bases or government facilities, may be off-limits for aerial photography.
Always check for no-fly zones or restricted airspaces before capturing images.

Law by jurisdiction

The legality of aerial photography differs widely across nations. Always review local regulations and restrictions before starting a project.

This is not a legal advice; please read the original text of the citations or get legal information from other ways.

US (federal)

Legal base: PART 107, Subchapter F, Chapter I, Title 14 of CFR — SMALL UNMANNED AIRCRAFT SYSTEMS

Germany

Legal base: LuftVO (
Luftverkehrs-Ordnung
)

The regulation is complex but the general meaning is, "owner of the drone should be permitted by the relative owner or authority before flying".

According to § 21h LuftVO, people in Germany who controls a drone should,

Near Flugplatz

To fly over or within a Flugplatz (which means "the facility for aviation", but it does not include an airport (Flughafen)) for 1.5 km, people should be permitted by the relative department or the operator. ((3)1)

Over a private household

To fly over a private household, it must be, (7)

permitted by the owner or anyone with right which the drone flying will effect;
the drone itself is not over 0.25 kg and does not have any way to take photos, making videos or recording sounds;
the drone flies over 100 m (of height) and it is not more than 25g when taking off;
it respects the privacy;
it has been known to all people who have things to do with this operation;
it is not operated from 22:00 to 06:00;
assumed that the noise will not be more than what in § 6.1 of Technischen Anleitung zum Schutz gegen Lärm ('Technical Instructions on Noise Control').

Hong Kong

Legal base: Cap. 448G Small Unmanned Aircraft Order (
小型無人機令
)

Upload Guidelines for Wikimedia Commons

Include metadata for all uploads, such as the date, location, and author of the photograph.
Ensure that your images comply with local laws on aerial photography and respect copyright, privacy, and security restrictions.
Provide evidence of permissions or compliance with relevant regulations, where necessary (--> Commons:Volunteer Response Team).

Useful Resources

m:Learning patterns/Using drones for aerial photography for Commons and Wikipedia
Documentation of a dewiki drone project
Wikimedia Deutschland info broschure
Commons:Licensing
Links to government or legal resources specific to aerial photography.
Tutorials or guides for editing aerial photographs before uploading.