Warning: FoP is allowed in Brazil, including commercial use, to some extent. Artworks placed in locations with access to the public can be freely represented by photography, painting, drawing and audiovisual means. Commercial use is allowed, as long as the artist's work is properly attributed, the representation does not consist in a reproduction. The existing jurisprudence consistently allows commercial use of artworks under FoP, as long as the artwork is accessory, and not detached from its surrounding elements, and therefore not unfairly used to produce revenue that by law belongs to the artist. Violation of those rights is frequently punished by Brazilian courts with pecuniary indemnisations to the offended party.

• In the source country of the artwork or sculpture, taking photographs of such works permanently located in a public place does not generally infringe on their copyright, under a principle known as "freedom of panorama".
• In U.S. law, there is no freedom of panorama for artwork or sculptures, and under the choice-of-law principle lex loci protectionis, U.S. courts might apply U.S. freedom of panorama standards to this work, rather than the standards of the source country. However, in practice, it is unsettled whether and how this approach would be applied in real-world U.S. legal cases involving freedom of panorama elements.

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