C-DRONE GUIDE · 2 JUNE 2026
Image rights and publication: what you can do with your drone footage
Capturing images by drone is one thing; having the right to publish them is another. Between individuals' image rights, neighbours' privacy, no-capture zones and the pilot's copyright assignment, here is the complete map of the rules applicable in France in 2026.
People: consent and privacy
In France, image rights stem from Article 9 of the Civil Code: any identifiable person in an image has, in principle, a say over its publication. From the sky, the question plays out differently than at ground level: at 80 m, silhouettes are rarely identifiable, and case law does not require consent for unrecognisable people or individuals lost in a crowd filmed in a wide shot. Conversely, a shot 15 m above a terrace where faces can be made out falls under the classic regime: consent is required for any publication, save for exceptions (news reporting, public figures performing their duties).
GDPR applies on top as soon as capture is systematic or people are identifiable: the data controller (often the client, not just the pilot) must inform the people concerned, for instance via signage at an event site — "aerial filming in progress, images used for X's communications". Solid professional practice: inform upfront, shoot wide, and blur identifiable faces and number plates in post when consent could not be gathered. Automatic blurring tools now make this precaution fast and cheap.
Property: can you show the neighbour's house?
Contrary to popular belief, there is no image right over property in French law: since a 2004 plenary ruling of the Cour de cassation, a property owner can only oppose publication of their property's image by demonstrating an abnormal disturbance — streams of onlookers, commercial exploitation creating confusion, a security risk. Photographing a landscape featuring the neighbour's villa and publishing it therefore poses, in itself, no legal problem.
The real limit is privacy, not property: a shot diving into someone's enclosed garden, showing the inside of a room through a window, or documenting occupants' habits falls under Article 226-1 of the Criminal Code (capturing images of a private place without consent: one year's imprisonment and a €45,000 fine). For real estate, the practical rule we apply: frame the property being sold, keep neighbouring plots peripheral and distant, and blur any disputed private feature (pool, occupied terrace) on request. Monuments are a special case: some, like the Eiffel Tower's night-time illuminations, are copyright-protected for commercial use.
No-capture zones and non-visible-spectrum imaging
Independently of the right to fly, some sites are barred from aerial imaging: Article D.133-10 of the French civil aviation code and its implementing order list the "zones prohibited to capture" — military installations, nuclear plants, certain industrial and prison sites. Publishing images of these zones, even taken legally from outside, is a criminal offence. The list is available online and a professional checks it during mission preparation, alongside the Géoportail map.
Another little-known rule: aerial imaging outside the visible spectrum — thermal, infrared, multispectral — remains subject to prior declaration to the competent authority, a legacy of the aerial photography regime. Your thermal inspection provider must therefore be compliant on this point too. Finally, during states of emergency or major events (international summits, big competitions), temporary capture bans can be added by prefectoral order: one more reason to re-check the rules a few days before the flight and not only when the quote is signed.
Who owns the images? Copyright and assignment
A point often discovered too late: paying for a service does not automatically transfer rights over the images. Under French law, the pilot-photographer is the author of the shots, and the intellectual property code requires any assignment to be in writing, specifying the uses (media), geographical scope and duration. A quote that is silent on this point leaves you, in theory, with a mere implicit and contestable right of use.
So insist on an explicit assignment clause. Common market formulas: assignment for unlimited web and social media use (included in the price by most operators, including C-Drone); extension to paid advertising, billboards or resale to third parties for a 20 to 50% supplement; full exclusivity (the operator waives portfolio reuse) rarely granted below a 30% premium. Also check the reciprocal clause: most pilots reserve the right to publish the images for self-promotion — legitimate, but worth restricting if your project is confidential (product launch, industrial site, a prestige property whose owner refuses any exposure).
Pre-publication checklist
Before putting your aerial images online, five checks cover the bulk of the risk:
- Recognisable people? Consent gathered, or blurring applied, or the shot wide enough to rule out identification.
- Private spaces visible in detail? Enclosed gardens, interiors, neighbouring pools: reframe or blur.
- A no-capture zone in frame? Check the D.133-10 list, especially near military and nuclear sites.
- Rights assignment covering the planned use? A photo licensed for the web does not become a billboard without an amendment.
- Recent architectural work or protected lighting in the foreground? For commercial use, authorisation from the architect or site manager may be required.
When in doubt about a large advertising use, an hour of legal advice (€150 to €300) is always cheaper than pulling a campaign. And archive the signed authorisations with the files: three years later, when the image is reused, that folder is what saves you from asking everyone again.