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Wikipedia

Freedom of panorama

January 13, 2023

For guidance about the use of images in Wikipedia under "freedom of panorama" provisions, see commons:Commons:Freedom of panorama.

Freedom of panorama (FOP) is a provision in the copyright laws of various jurisdictions that permits taking photographs and video footage and creating other images (such as paintings) of buildings and sometimes sculptures and other art works which are permanently located in a public place, without infringing on any copyright that may otherwise subsist in such works, and the publishing of such images.[1][2] Panorama freedom statutes or case law limit the right of the copyright owner to take action for breach of copyright against the creators and distributors of such images. It is an exception to the normal rule that the copyright owner has the exclusive right to authorize the creation and distribution of derivative works. The phrase is derived from the German term Panoramafreiheit ("panorama freedom").[citation needed]

An image of sculptures by Sergej Alexander Dott, Himmelsblumen, 2003, Gleisdreieck, Berlin, published under the freedom of panorama provisions in German copyright law
In South Africa, there is no freedom of panorama. Strict interpretation of copyright law means that copyrighted objects, like this statue, should be censored out.

History

In the past, photography and other methods of visually representing public space were severely restricted, for reasons other than authors' rights. France prohibited such acts in the 19th century for protection of privacy. Italy began disallowing representations of archaeological sites in engravings in the 18th century, even if such sites were found in public places, as a protection of their cultural heritage.[2]

The concept of freedom of panorama originated in Germany in the 19th century. The Kingdom of Bavaria introduced an analogous exception in 1840 for pictorial depictions of "works of arts and architecture in their exterior contours" in public spaces. It was intended to reduce the severity of the new copyright rules of the German Confederation which prohibited reproductions, with exception to "mechanical reproductions." Other component states of the confederation soon emulated the legal right, and in 1876 the legal right, based on Bavarian exception, was finally implemented throughout the confederation by the German parliament.[2]

Laws around the world

Many countries have similar provisions restricting the scope of copyright law in order to explicitly permit photographs involving scenes of public places or scenes photographed from public places. Other countries, though, differ widely in their interpretation of the principle.[1]

 
Freedom of panorama status around the world for images used for commercial purposes

European Union

 
Status of freedom of panorama in Europe for images used for commercial purposes
  OK, including buildings, works of art and public interiors
  OK, including buildings, works of art and some interiors
  OK, including buildings and works of art, but not public interiors
  OK for buildings only
  Not OK
  Inconclusive or unknown

In the European Union, Directive 2001/29/EC provides for the possibility of member states having a freedom of panorama clause in their copyright laws, but does not require such a rule.[3][4][5]

In 2015, former German MEP Felix Reda proposed applying freedom of panorama to all countries of the European Union. He claimed that through the exception people would be free to share images of public spaces that might contain buildings and public art, in order "to express and share their experiences and thoughts" and to "preserve our journeys and curate our impressions for entire generations to come."[6]

His proposal was criticized by former French MEP Jean-Marie Cavada, who introduced an alternate proposal seeking to restrict freedom of panorama provisions of all the European Union countries to non-commercial uses only.[7] Cavada claimed that commercial freedom of panorama harms the rights of the authors of architectural and artistic works by allowing entities like Wikimedia and Facebook to exploit the works commercially without compensation to the authors;[6] his office added that non-commercial freedom of panorama would not affect Internet freedom, but would guarantee that "platforms like Facebook, Instagram, and Flickr provide fair compensation to artists."[8] Criticism to Cavada's proposal culminated in an online petition by digital rights activists with hashtag #SaveFOP, garnering more than 460,000 signatures within two weeks after its launch.[7]

Critics of Wikipedia's intervention to the matter allege that their campaign is "bogus and misleading", since the European Parliament has no power to pass a legislation; that responsibility falls on the European Commission.[9]

On July 9, the plenary of the European Parliament rejected both proposals, thereby maintaining the status of freedom of panorama throughout the European Union.[10]

Belgium

 
The Atomium, taken in 2006. Before 2016, this image would have been illegal to reproduce commercially.

Freedom of panorama was introduced in Belgium on June 27, 2016, with the addition of a new provision in the Economic Code. According to XI.190 2/1°, the authors of architectural, visual, and graphic artworks permanently situated in public places cannot restrict the reproduction and public communication of such works, "providing that it concerns the reproduction or communication of the work as it is and that said reproduction or public communication does not affect the normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author." The provision came into effect on July 15, 2016.[11]

Since the provision became effective, people are able to take photographs of Brussels' famous Atomium landmark and distribute these for any purpose, including sharing of such photos to their families and friends on social media, freely and without risk of copyright lawsuits from the current copyright holders of the work.[11] The rightsholders of Atomium, however, continue to assert that commercial uses of any depictions of the landmark are still subject to prior permission and royalty fees, notwithstanding the introduction of the legal right in the country.[12]

Denmark

Article 24(2) of the Danish copyright law allows the pictorial reproductions of artistic works situated in public places, if the purpose is non-commercial. Article 24(3) states that buildings can be freely reproduced in pictorial form.[13]

 
Censored image of The Little Mermaid

There is still no full freedom of panorama for non-architectural works in Denmark. The Little Mermaid, a sculpture of Edvard Eriksen (who died in 1959), is under copyright until 2030, and the Eriksen family is known to be litigious.[14] Several Danish newspapers have been sued for using images of the sculpture without permission by the Eriksen family. The purpose of the Danish media is considered commercial. Søren Lorentzen, photo editor of Berlingske which was one of the newspapers slapped with fines, once lamented, "We used a photo without asking for permission. That was apparently a clear violation of copyright laws, even though I honestly have a hard time understanding why one can't use photos of a national treasure like the Little Mermaid without violating copyright laws." Alice Eriksen, granddaughter of the sculptor, defended the restrictions and said that such restrictions are in compliance of the laws of the country. She added, "It's the same as receiving royalties when a song is played."[15][16] Berlingske was sued again recently, after exploiting the statue in 2019 as an illustration in a cartoon concerning debate culture in the country, as well as using an image of the sculpture in 2020 "to represent a link between the far right and people fearing COVID-19." They were ordered by the Eastern High Court to pay 300,000 kroner ($46,000) worth of compensation to the Eriksen family, which was increased from 285,000 kroner ($44,000) as ruled by a district court.[17] As of June 2022, the 2019 caricature case has reached the Supreme Court; the Process Licensing Board remarked that the case must be heard there as it "is of a principled nature."[18]

Finland

Finnish freedom of panorama, found at third and fourth paragraphs of Article 25a of their copyright law, is very limited when it comes to public art. Works permanently located in public spaces cannot be photographed for commercial purposes if those become the main subjects in the photographs. The provision, however, explicitly permits newspapers and magazines to fully exploit public art, provided that there exist captions that accompany the published photographs. In contrast, buildings can be freely photographed with no non-commercial restrictions.[19]

France

 
Due to the lack of complete freedom of panorama, this image depicting the Louvre Pyramid was censored out

Since October 7, 2016, article L122-5 of the French Code of Intellectual Property provides for a limited freedom of panorama for works of architecture and sculpture. The code authorizes "reproductions and representations of works of architecture and sculpture, placed permanently in public places (voie publique), and created by natural persons, with the exception of any usage of a commercial character".[20] French lawmakers and politicians were reluctant to introduce freedom of panorama in the past; former National Assembly member Patrick Bloche in 2011 called freedom of panorama an "amendement Wikipédia".[21]

See also: Eiffel Tower § Illumination copyright

Various contemporary French architecture are protected by copyright, and commercial reproductions of these by photographers, filmmakers, graphic artists, or other third party users without permission from the architect or the entity whom the architect has assigned their patrimonial rights to could mean copyright infringement. Two separate court decisions in 1990 ruled that unauthorized postcards depicting Grande Arche and La Géode as principal subjects constitute infringements. Other monumental works protected by copyright include the Louvre Pyramid, the Opéra Bastille, and the new buildings of the Bibliothèque nationale de France.[22]

However, French jurisprudence considers a certain reproduction as not infringing copyright if it constitutes as an "accessory" element to the main subject being depicted. In a 2005 case concerning postcards of Lyon's Place des Terreaux, the Cour de cassation upheld the lower courts' decisions on the accessory inclusion of the plaza's modern artistic constructions on postcards, stating that the works blended with the public domain architecture of the plaza surroundings, and that "the work of art was of secondary importance to the subject", which is the plaza itself.[22]

 
Photo of Tarn River in southern France, with the copyrighted Millau Viaduct in the background

CEVM (Compagnie Eiffage du Viaduc de Millau), the exclusive beneficiary of all property rights of Millau Viaduct on behalf of its architect Norman Foster, in their website explicitly requires that professional and/or commercial uses of images of the bridge are subject to "prior express permission of the CEVM". Additionally, CEVM has the sole right to distribute images of the viaduct in souvenir items such as postcards. However, private and/or non-commercial uses of images are tolerated by CEVM. Also exempted from obligatory permission and remuneration payment are "landscape images where the Viaduct appears in the background and is thus not the main focus of the image."[23]

Germany

Panoramafreiheit is defined in article 59 of the German Urheberrechtsgesetz.[24]

An example of litigation due to the EU legislation is the Hundertwasserentscheidung (Hundertwasser decision), a case won by Friedensreich Hundertwasser in Germany against a German company for use of a photo of an Austrian building.[25]

Greece

Freedom of panorama does not exist in Greece. The Greek copyright law, 2121/1993 on Copyright, Related Rights and Cultural Matters (as last amended in 2021), only provides a vague but restrictive exception allowing "occasional reproduction and communication by the mass media of images of architectural works, fine art works, photographs or works of applied art, which are sited permanently in a public place."[26]

Hungary

Article 68(1) of the Hungarian copyright law states that views of fine arts, architectural and applied arts permanently situated in public outdoors can be made and used without the need of permission from and remuneration to the authors of the works.[27]

Italy

In Italy[28] freedom of panorama does not exist. Despite many official protests[29] and a national initiative[30] led by the lawyer Guido Scorza and the journalist Luca Spinelli (who highlighted the issue),[28] the publishing of photographic reproductions of public places is still prohibited, in accordance with the old Italian copyright laws.[31][32] A 2004 law called Codice Urbani states, among other provisions, that to publish pictures of "cultural goods" (meaning in theory every cultural and artistic object and place) for commercial purposes, it is mandatory to obtain an authorization from the local branch of the Ministry of Arts and Cultural Heritage, the Soprintendenza.

Latvia

Latvian copyright law provides for a restrictive freedom of panorama provision limited to non-commercial uses only. Images of works permanently showcased in public spaces, including achitecture, visual arts, and applied arts, can only be exploited "for personal use and as information in news broadcasts or reports of current events, or include in works for non-commercial purposes."[33]

Luxembourg

Freedom of panorama is not granted in Luxembourg. Article 10(7°) of their copyright law permits the depictions of public art found in publicly-accessible places, if the said works "are not the main subject of reproduction or communication."[34]

Poland

 
Spodek, a multipurpose arena complex in the city of Katowice

There is adequate freedom of panorama in Poland, guaranteed by Article 33(1) of the Act on Copyright and Related Rights. It states that "it is permissible to disseminate works permanently displayed in generally accessible roads, streets, squares or gardens, but not for the same use." Distribution is through the use of photographs or pictorial representations of works (such as buildings and public sculptures) in any media, including commercial video games and apps. Because the purpose of a photograph of such a work (such as an office building, a shopping mall, or a bridge) is not the same as the original purpose of establishing a work, it is a permissible use under national copyright law.[35]

Portugal

Freedom of panorama for Portuguese works is found at Article 75, paragraph 2, point q. of the Portuguese Code of Authors’ Rights and Neighbouring Rights, covering permanent works in public spaces such as architecture and sculptures. However, Article 76, paragraph 1, point a. requires attribution of the author and the identification of the name of the work for every free use of photographic or videographic depictions of it.[36]

Romania

 
Censored image of National Library of Romania, designed by architect Cezar Lăzărescu who died in 1986 while the building was being constructed

There is no full freedom of panorama in Romania; it is limited only to non-commercial purposes. Under Article 35(f) of their copyright law, it is allowed to reproduce, distribute, and communicate to the public images of architectural, sculptural, photographic, and applied art works situated in public places, except that if the works become the main subject of the reproduction and if this reproduction is used for commercial purposes.[33][37]

The heirs of Anca Petrescu, the architect of the colossal Palace of the Parliament, sued the Romanian Parliament for selling photos and other souvenirs with the image of the iconic building.[38] The copyright infringement trial is ongoing.[39][better source needed]

Slovenia

Article 55 of the Copyright and Related Rights Act of Slovenia states that "Works that are permanently situated in parks, streets, squares, or other generally accessible places shall be freely exploited," but this is prohibited if the intent of exploitation is for profit.[40] In practice, however, this means that without permission from the author of the works, objects like buildings and statues whose copyrights have not yet expired can only be photographed for personal use, and publications of such images in a tourism portal or a newspaper are prohibited (since newspaper publishing is considered commercial).[41]

Spain

 
While Spain has freedom of panorama, the use of Auditorio de Tenerife in photographs is regulated by the Spanish trademark law.

The copyright law of Spain provides a freedom of panorama provision at Article 35(2), which states that "works permanently located in parks, streets, squares or other public thoroughfares may be freely reproduced, distributed and communicated by means of paintings, drawings, photographs and audiovisual procedures."[42]

Commercial uses of several Spanish buildings may be restricted by virtue of trademark law. Santiago Calatrava's Auditorio de Tenerife can be freely photographed by tourists, but as a trademarked work since 2003, it cannot be freely used by commercial photographers and cinematographers unless the said users pay relevant fees to the owner of the building. It is also required to make a deposit to ensure the photographs are used appropriately.[43]

Sweden

On April 4, 2016, the Swedish Supreme Court ruled that Wikimedia Sweden infringed on the copyright of artists of public artwork by creating a website and database of public artworks in Sweden, containing images of public artwork uploaded by the public.[44][45][46] Swedish copyright law contains an exception to the copyright holder's exclusive right to make their works available to the public that allows depictions of public artwork.[47]: 2–5  The Swedish Supreme Court decided to take a restrictive view of this copyright exception.[47]: 6  The Court determined that the database was not of insignificant commercial value, for both the database operator or those accessing the database, and that "this value should be reserved for the authors of the works of art. Whether the operator of the database actually has a commercial purpose is then irrelevant."[47]: 6  The case was returned to a lower court to determine damages that Wikimedia Sweden owes to the collective rights management agency Bildkonst Upphovsrätt i Sverige (BUS), which initiated the lawsuit on behalf of artists they represent.[47]: 2, 7 

In 2017, Wikimedia Sweden was ordered to pay damages equivalent to around $89,000 USD to BUS.[48]

Former USSR countries

 
Main building of Moscow State University, designed by Lev Rudnev who died in 1956 and under copyright when freedom of panorama for architecture was introduced in Russia in 2014

Almost all countries from the former Soviet Union lack complete freedom of panorama. In particular, Article 21 of the copyright law of Kazakhstan allows uses of works of architecture, photographs, and fine arts, but does not allow commercial uses if the works become main subjects of the images.[49]

The Ukrainian copyright law does not grant freedom of panorama; four separate court rulings during 2007–09 found that four users who exploited Vasyl Borodai's 1982 artistic work Monument to the Founders of Kyiv in the late 1990s and early 2000s violated the sculptor's "author rights". These users, independent of each other, were Ukrgasbank, which used an image of this work in their advertisements, FOLIO Publishing House, which exploited it as a book cover for their non-educational book, and Molochnik and VK and K, which both used an image of the same monument as food packaging design.[33]

Exceptions are three countries whose copyright laws were amended recently. The first was Moldova in July 2010, when the law in question was approximated to EU standards.[50] Armenia followed in April 2013 with an updated Armenian law on copyright.[51] Freedom of panorama was partially adopted in Russia on October 1, 2014; from this day, one is allowed to freely use images of buildings and gardens visible from public places, but not for images of other works like sculptures.[52]

Central America

The majority of Spanish-speaking countries in Central America do not allow broad freedom of panorama. The copyright laws of Guatemala,[53] Honduras,[54] and Nicaragua[55] only permit personal uses of pictorial representations of public art permanently found on streets, squares, and other types of public spaces as well as exteriors of architectural works. Article 71 of the Costa Rican copyright law allows taking photographs of public art like monuments and statues in public spaces but only for non-commercial purposes.[56]

There are no non-commercial or personal-use-only restrictions imposed on the freedom of panorama provisions of the copyright laws of El Salvador[57] and Panama.[58]

Section 78 of the Copyright Act of Belize explicitly permits representing works of architecture, sculpture, and artistic craftsmanship in paintings, photographs, films, or broadcasts, as long as these are permanently seen in public spaces or publicly-accessible premises.[59]

OAPI member states

Freedom of panorama is restricted within Organisation Africaine de la Propriété Intellectuelle (OAPI), which consists of Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Comoros, Congo, Ivory Coast, Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Mali, Mauritania, Niger, Senegal, and Togo. In accordance with the Annex VII, Part I, Article 16 of the Bangui Agreement, it is allowed to share or distribute images of architecture, fine arts, photographs, or applied art permanently located in public spaces, but not for commercial purposes if those become main subjects of the images.[60]

Australia

 
Sydney Opera House, designed by Danish architect Jørn Utzon

In Australia, freedom of panorama is dealt with in the federal Copyright Act 1968, sections 65 to 68. Section 65 provides: "The copyright in a work ... that is situated, otherwise than temporarily, in a public place, or in premises open to the public, is not infringed by the making of a painting, drawing, engraving or photograph of the work or by the inclusion of the work in a cinematograph film or in a television broadcast". This applies to any "artistic work" as defined in paragraph (c) of section 10: a "work of artistic craftsmanship" (but not a circuit layout).[61] Section 66 of the Act provides exceptions to infringement of copyright in buildings and models of buildings by including the buildings in photos and depictions.[61]

There is no right to reproduce artistic works outside the ambit of these provisions. This means the reproduction of "street art" can potentially infringe copyright.[62][63][64]

Brazil

 
Christ the Redeemer by artist Paul Landowski, who died in 1961

A freedom of panorama provision is provided at Article 48 of the Brazilian copyright law. It states that "works permanently located in public places may be freely represented through paintings, drawings, photographs, and audiovisual processes."[65]

Canada

Section 32.2(1) of the Copyright Act (Canada) states the following:

It is not an infringement of copyright

(b) for any person to reproduce, in a painting, drawing, engraving, photograph or cinematographic work
(i) an architectural work, provided the copy is not in the nature of an architectural drawing or plan, or
(ii) a sculpture or work of artistic craftsmanship or a cast or model of a sculpture or work of artistic craftsmanship, that is permanently situated in a public place or building;

The Copyright Act also provides specific protection for the incidental inclusion of another work seen in the background of a photo. Photos that "incidentally and not deliberately" include another work do not infringe copyright.

China

 
Emperors Yan and Huang monument in Zhengzhou, designed by Wu Shuhua and completed in 2007

Article 24(10) of the copyright law of China provides a sufficient freedom of panorama provision. Accordingly, it is allowed to exploit an artistic work "located or on display in a public place" by means of drawing, photography, or videography without permission from and remuneration to the copyright holder, "provided that the name of the author and the title of the work shall be mentioned."[66]

Because of relevant provisions under One country, two systems, the said exception does not apply to both Hong Kong and Macau.[67][68]

Hong Kong and Macau

Section 71 of Hong Kong's Copyright Ordinance (Chapter 528) allows for representations sculptures and works of artistic craftsmanship "permanently situated in public place or in premises open to the public" and buildings through drawings, paintings, photographs, films, and broadcasting, and considers making copies of representations of such works as not infringing the copyright of such works.[69]

Section 61(l) of Macau's Decree-Law No. 43/99/M of August 16, 1999, on the Regime of Copyright and Related Rights permits photographic, videographic, and cinematographic representations of artistic works situated in public places.[70]

Democratic Republic of the Congo

Freedom of panorama is very limited in the copyright law of the Democratic Republic of the Congo. Article 28 permits photography, cinematography, and television broadcasting of architecture, though photos of such works can only be legally used in newspapers, journals, and school textbooks. Article 29, which deals with "figurative works of art that are permanently located in a public place," only allows representations of such works through film and television programs.[71]

Iceland

Icelandic copyright law does not provide full freedom of panorama. Article 16 permits photography and presentation of resulting images of buildings and public art outdoors, but if these became the main subjects of the images and the images are used commercially, the authors of buildings and public art are "entitled for remuneration". Such mandatory payment is not required if the user is a newspaper publisher or a television broadcaster.[72]

India

 
The Palace of Assembly in Chandigarh, designed by Le Corbusier. It has been a UNESCO World Heritage Site since 2016.

Freedom of panorama is dealt with in sections 52, s–u(i) of the copyright law of India. Both (s) and (t) of section 52 applies to depictions of architecture, sculptures, and works of artistic craftsmanship through drawing, painting, engraving, and photography, while (u)(i) applies to cinematographic inclusion of all types of artistic works. These provisions are applicable if the work is "permanently situate in a public place or any premises to which the public has access." (u)(ii) is for the incidental cinematographic inclusion of works not located in public spaces.[73]

The case The Daily Calendar Supplying v. The United Concern (1958) concerned the Daily Calendar Supplying Bureau's commercial distributions of slightly-modified reproductions of an oil painting of Lord Subramania by the firm United Concern. The firm acquired artistic property rights over the painting from its artist T. M. Subramaniam, soon after the artistic work was created in 1947. The user was ordered to pay 1,000 rupees worth of copyright damage to the firm. The Madras High Court rejected the argument of the Daily Calendar Supplying in their 1964 appeal, that their act falls under Section 52(t), since the original painting was still under the artist's private custody even if free copies were already being distributed to several temples in the south. This distribution is "not tantamount to his installing his original work in a public place."[74]

Israel

Israeli freedom of panorama is found at Section 23 of the Copyright Act, 2007 (as amended on July 28, 2011), which states that it is permitted to visually represent works of architecture, sculpture, and applied art through drawing, sketching, photography, and broadcasting, if the said works are "permanently situated in a public place."[75]

Japan

The copyright law of Japan provides for a limited freedom of panorama for outdoor artistic works and full freedom of panorama for buildings. Article 46 of the Copyright Act (Act No. 48 of May 6, 1970, as amended 2020) allows for exploitations of reproductions of artistic works "permanently installed in an outdoor location" and architectural works for any purposes, but in the case of artistic works, this right does not apply if the reproduction is made "for the purpose of selling copies of it, or selling those copies."[76] Article 48 obliges the users of images of such works to mention the source if provided and in accordance with the common practice.[77]

It is important to note the 2003 ruling of the Osaka District Court, which states that "architectural works" protected under this law only includes buildings with distinct aesthetic and creative properties.[78] There are also legal interpretations which hold that the Tower of the Sun in Suita, Osaka Prefecture must be classified as an artistic work rather than an architectural work. This means any images of this landmark cannot be used commercially, even if there is full freedom of panorama for buildings in Japan.[79][80]

Lebanon

Freedom of panorama in Lebanon is restricted to the publications of pictorial representations of architecture, visual arts, photographs, or applied art by the "media" only, in accordance with Article 31 of Law No. 75 of April 3, 1999, on the Protection of Literary and Artistic Property.[81]

Malaysia

 
Merdeka 118 in Kuala Lumpur, designed by Fender Katsalidis Architects
 
Marlin Statue in Kota Kinabalu

Under Section 13(2) of the Copyright Act 1987 (Act 332, as at 1 January 2006), the right to control does not include:[82]

(c) the inclusion in a film or broadcast of any artistic work situated in a place where it can be viewed by the public;

(d) the reproduction and distribution of copies of any artistic work permanently situated in a place where it can be viewed by the public;

"Artistic work" is defined at Section 3(f) as encompassing works of architecture, models of architecture, sculptures, graphic works, and works of artistic craftsmanship, but explicitly excludes layout designs.[82]

Mexico

The copyright law of Mexico provides for a freedom of panorama provision at Article 148(VII):[83]

Article 148. - Literary and artistic works that have already been disclosed may only be used in the following cases without the consent of the owner of the economic rights and without remuneration, provided that the normal exploitation of the work is not adversely affected thereby and provided also that the source is invariably mentioned and that no alteration is made to the work:

VII. Reproduction, communication and distribution by means of drawings, paintings, photographs and audiovisual processes of works that are visible from public places.

Morocco

The Moroccan copyright law does not provide full freedom of panorama. The relevant provision at Section 20 only allows republication, broadcasting, and communication to public of images of architecture, works of fine art, photographic works, and works applied art permanently situated in publicly-open place, if the depicted work is not the main subject. If it becomes the main subject, the reproduction should not be used commercially.[84]

On December 12, 1955, the Court of Appeal of Rabat ruled that "the fact of building or placing an architectural work in a public place does not in itself imply any loss of artistic property rights."[85]

Namibia

The Copyright and Neighbouring Rights Protection Act, 1994 (Act 6 of 1994) does not give complete freedom of panorama. Section 18(1)(b) only permits the presentation of artistic works "permanently situated in a street, square or a similar public place" in cinematograph films or in television broadcasts.[86]

New Zealand

Under the Copyright Act (1994) of New Zealand, exemptions exist for free sharing of photographs of certain works like sculptures, but none for graphic works like murals and street art, even if these are located in public spaces. This means permission from the artists or whoever is the copyright holder is required to freely take photographs of such graphic works for sharing purposes, especially with commercial intent. However, this restriction is largely ignored, as evidenced by tourists' continued sharing of such images on social media and marketing companies' utilizations of copyrighted graphic works as background elements in advertisements.[87] In 2019, artist Xoë Hall expressed her indignation over Whitcoulls's use of images of her Wellington mural in their calendars, and suggested her peer muralists in New Zealand "have a contract for every wall they paint, stating who owns the copyright, and to include that in the mural with the artist's name."[88]

Nigeria

Freedom of panorama in Nigeria is provided at item (d) of the Second Schedule ("Exceptions from copyright control"), stating that artistic works found in public places can be reproduced and the resulting copies distributed.[89]

Norway

Section 31 of the 2018 Norwegian copyright law grants restricted freedom of panorama for artistic works permanently situated in public spaces, permitting only non-commercial reproductions if the works become main subjects of depictions. However, architecture can be freely depicted regardless of intent.[90]

Pakistan

The copyright law of Pakistan grants freedom of panorama under Section 57. Both (r) and (s) of section 57 applies to depictions of architecture, sculptures, and works of artistic craftsmanship through drawing, painting, engraving, and photography, while (t)(i) applies to cinematographic inclusion of all types of artistic works. These provisions are applicable if the work is "permanently situated in a public place or any premises to which the public has access." (t)(ii) is for the incidental cinematographic inclusion of artistic works not located in public spaces.[91]

Philippines

The Intellectual property Code of the Philippines (Republic Act No. 8923) makes no specific provision for freedom of panorama. A very limited provision does exists at Section 184(d) which states "the reproduction and communication to the public of literary, scientific or artistic works as part of reports of current events by means of photography, cinematography or broadcasting to the extent necessary for the purpose."[92]

On February 4, 2021, Intellectual Property Office of the Philippines Director-General Rowel Barba proposed to the House of Representatives to include freedom of panorama in the amendments to the Intellectual Property Code. House Bill No. 2672 to place freedom of panorama under Sub-section m, Section 184, of the Intellectual Property Code had been filed by Representative Christopher de Venecia of Pangasinan as of 28 July 2022.[93] As of August 2022, the bill was pending in the House of Representatives.[94]

Singapore

The copyright law of Singapore guarantees sufficient freedom of panorama, under Sections 63 and 64. Section 63 deals with sculptures and works of artistic craftsmanship that are permanently located in public places or publicly-open premises, while Section 64 covers buildings and models of buildings. Allowable representations are painting, drawing, engraving, photography, cinematography, and television broadcasting.[95]

South Africa

The copyright law of South Africa does not grant freedom of panorama. An exception is provided at Section 15(3) for artistic works permanently situated in public places, but only limits to "reproduction or inclusion in a cinematograph film or a television broadcast or transmission in a diffusion service." The "diffusion service" is defined in Section 1(1) as "a telecommunication service of transmissions consisting of sounds, images, signs or signals, which takes place over wires or other paths provided by material substance and intended for reception by specific members of the public;...and where sounds, images, signs or signals are displayed or emitted by any receiving apparatus to which they are conveyed by diffusion in such manner as to constitute a performance or a causing of sounds, images, signs or signals to be seen or heard in public, this shall be deemed to be effected by the operation of the receiving apparatus."[96]

South Korea

 
Censored image of 63 Building, as a result of restrictive non-commercial freedom of panorama

A freedom of panorama provision is provided at Article 35 of the South Korean copyright law, but is restricted to non-commercial purposes only. The provision states that works of art, buildings, and photographs that are permanently situated in open places can be exploited for any purposes, except in cases:

"Where a building is reproduced into another building;"
"Where a sculpture or painting is reproduced into another sculpture or painting;"
"Where the reproduction is made in order to exhibit permanently at an open place;"
"Where the reproduction is made for the purpose of selling its copies."[97]

There was a case in 2008 which concerned an advertisement company's unauthorized use of a building in advertisements. Pomato Co., Ltd. used architect Min Gyu-am's "UV House", located in Paju, by their inclusion of the building as the background element of a 2005 television and Internet advertisement for the Kookmin Bank. The architect received a rental fee for the place, but he did not grant permission to use its copyright. After the advertisements were released, the architect said they used the architectural work without his permission, so he claims for damages. In the first trial, the Seoul Central District Court judged that the appearance of the building used in the advertisements is small compared to the whole, so it cannot be seen as a copyright infringement.[98] During the second trial, on November 7, 2008, both parties agreed to compensation payment. So with the completion of mediation, the second trial ended without a ruling.[99]

Sri Lanka

The Intellectual Property Act, No. 36 of 2003 does not contain a freedom of panorama provision in the list of limitations to copyright at Section 12.[100] The law repealed the Code of Intellectual Property Act No. 52 of 1979, which had a limited freedom of panorama provision at Section 13(d) that granted filmmakers and television broadcasters the right to reproduce works of art and architecture "permanently located in a place where they can be viewed by the public."[101]

Taiwan

 
Taipei 101

Article 58 of the Copyright Act of Taiwan provides for a freedom of panorama exception, wherein architectural and artistic works "displayed on a long-term basis" in outdoor places open to the public may be exploited for any purposes. This does not apply if the reproduction of artistic works is purely for the purpose of selling copies.[102]

The restricted freedom of panorama for artistic works was affirmed in 2022 correspondences from the Intellectual Property Office of the Ministry of Economic Affairs, in clarifying the non-commercial restriction of the Taiwanese freedom of panorama for non-architectural works. Nevertheless, commercial media like post cards that only show the artistic works incidentally, like in the background, are permissible.[103][104]

Thailand

Freedom of panorama is dealt with in Sections 37–39 of the copyright law of Thailand. Sections 37 and 38 allow representations through "drawing, painting, construction, engraving, molding, carving, lithographing, photographing, cinematographing, and video broadcasting" of artistic works in public places and architecture, while Section 39 allows pictorial and videographic representations of "a work of which an artistic work is a component."[105]

Turkey

Under article 40 of the copyright law of Turkey:

Works of fine arts permanently placed on public streets, avenues or squares may be reproduced by drawings, graphics, photographs and the like, distributed, shown by projection in public premises or broadcast by radio or similar means. For architectural works, this freedom is only valid for the exterior form.

— 5846/1951 Article 40[106]

Uganda

Freedom of panorama is granted in Uganda under Section 15(1)(f) of The Copyright and Neighbouring Rights Act, 2006, which states that architectural or artistic works permanently located in a public place can be reproduced and communicated to public through photography, audiovisual works, and television broadcasting. Under Section 2 of the law, "public place" is broadly defined as "any building, or conveyance to which for the time being the public are entitled or permitted to have access, with or without payment," ranging from cinemas and restaurants to sports facilities and resorts.[107]

United Arab Emirates

Article 22(7) of the Federal Law No. 38 of 2021 on Copyrights and Neighboring Rights does not grant freedom of panorama. It only permits exhibitions of fine, applied, plastic, and architectural arts permanently located in public places "in broadcasts".[108] Article 22(7) of the repealed Federal Law No. 7 of 2002 on Copyrights and Neighboring Rights gives similar restrictive legal right.[109]

Protected works in the United Arab Emirates include the Burj Al Arab, the Burj Khalifa, and Sheikh Zayed Mosque. Due to Wikimedia's stringent licensing rules, submitted images showing modern architecture without proper permissions were taken down at the end of the first edition of the Wiki Loves Emirates campaign in 2018.[110]

United Kingdom

 
Paddington Bear statue at London Paddington station
 
Angel of the North sculpture in Gateshead, Tyne and Wear

Under UK law, freedom of panorama covers all buildings as well as most three-dimensional works such as sculptures that are permanently situated in a public place. The freedom does not generally extend to two-dimensional copyright works such as murals or posters. A photograph which makes use of the freedom may be published in any way without breaching copyright.

Section 62 of the Copyright, Designs and Patents Act 1988 is broader than the corresponding provisions in many other countries, and allows photographers to take pictures of buildings, defined in section 4(2) as "any fixed structure, and a part of a building or fixed structure". There is no requirement that the building be in located a public place, nor does the freedom extend only to external views of the building.

Also allowed are photographs of certain artworks that are permanently situated in a public place or in premises open to the public, specifically sculptures, models for buildings, and "works of artistic craftsmanship". According to the standard reference work on copyright, Copinger and Skone James, the expression "open to the public" presumably includes premises to which the public are admitted only on licence or on payment.[111] Again, this is broader than 'public place', which is the wording in many countries, and there is no restriction to works that are located outdoors.

Under the local approach to copyright, "works of artistic craftsmanship" are defined separately from "graphic works", and the freedom of section 62 does not apply to the latter. "Graphic works" are defined in section 4 as any painting, drawing, diagram, map, chart or plan, any engraving, etching, lithograph, woodcut or similar work. Accordingly, photographs may not freely be taken of artworks such as murals or posters even if they are permanently located in a public place.

The courts have not established a consistent test for what is meant by a "work of artistic craftsmanship", but Copinger suggests that the creator must be both a craftsman and an artist.[112] Evidence of the intentions of the maker are relevant, and according to the House of Lords case of Hensher v Restawile [1976] AC 64,[113] it is "relevant and important, although not a paramount or leading consideration" if the creator had the conscious purpose of creating a work of art. It is not necessary for the work to be describable as "fine art". In that case, some examples were given of typical articles that might be considered works of artistic craftsmanship, including hand-painted tiles, stained glass, wrought iron gates, and the products of high-class printing, bookbinding, cutlery, needlework and cabinet-making.

Other artworks cited by Copinger that have been held to fall under this definition include hand-knitted woollen sweaters, fabric with a highly textured surface including 3D elements, a range of pottery and items of dinnerware. The cases are, respectively, Bonz v Cooke [1994] 3 NZLR 216 (New Zealand), Coogi Australia v Hyrdrosport (1988) 157 ALR 247 (Australia), Walter Enterprises v Kearns (Zimbabwe) noted at [1990] 4 EntLR E-61, and Commissioner of Taxation v Murray (1990) 92 ALR 671 (Australia).

The Design and Artists Copyright Society and Artquest provide further information on UK freedom of panorama.[114][115]

United States

Architectural works

Further information: Copyright in architecture in the United States

United States copyright law contains the following provision:

The copyright in an architectural work that has been constructed does not include the right to prevent the making, distributing, or public display of pictures, paintings, photographs, or other pictorial representations of the work, if the building in which the work is embodied is located in or ordinarily visible from a public place.

— 17 U.S. Code § 120(a)[116]

The definition of "architectural work" is a building,[117] which is defined as "humanly habitable structures that are intended to be both permanent and stationary, such as houses and office buildings, and other permanent and stationary structures designed for human occupancy, including but not limited to churches, museums, gazebos, and garden pavilions".[118]

Other works

Nevertheless, the United States freedom of panorama does not cover other artistic works still covered by copyright, including sculptures. Usages of images of such works for commercial purposes may become copyright infringements.

The case Gaylord v. United States, No. 09-5044 involved the United States Postal Service's use of an image of 14 out of 19 statues of soldiers in the Korean War Veterans Memorial for their commemorative stamp in the 50th anniversary of the Korean War armistice in 2003. USPS did not obtain permission from Frank Gaylord, sculptor of the artistic work called The Column, for their use of the image on their stamp, which cost 37 cents.[119] Gaylord filed suit against USPS in 2006 for violation of his copyright over the sculpture. Included in the suit was former Marine John Alli, who was the photographer of the image used by USPS. Eventually, an amicable settlement was reached with Alli when the photographer agreed to pay Gaylord a 10% royalty for any subsequent sales of his image of the statues.[120][121]

In a 2008 decision of the Court of Federal Claims, it was determined that USPS did not infringe Gaylord's copyright as their use complies with fair use. Nevertheless the court determined that The Column is not covered by the Architectural Works Copyright Protection Act (AWCPA) as it is not an architectural work of art. The side of the sculptor appealed, and on February 25, 2010 the Federal Circuit reversed the earlier decision regarding fair use. The use of the image of The Column in the commemorative stamp by USPS cannot be considered as a fair use since it is not transformative in nature (the context and intended meaning in the stamp remained the same as that of the actual sculpture). The presence of the artistic work in the stamp is substantial, and this also fails fair use. The purpose of USPS over this use is considered commercial, because it earned $17 million from its sales of almost 48 million stamps bearing this image. The Federal Circuit upheld the earlier decision of the Court of Federal Claims that The Column is not a work of architecture.[119] On remand in 2011, the Court of Federal Claims awarded $5,000 in damages. Gaylord appealed the amount of the damages, and in 2012 the appeals court "remanded the case for a determination of the fair market value of the Postal Service's infringing use".[122] On September 20, 2013 the Court of Federal Claims awarded a total of $684,844.94 worth of economic rights damage that was to be paid by USPS to Gaylord.[123][124]

 
The New York-New York Hotel & Casino with the trivial inclusion of the Statue of Liberty – Las Vegas replica

USPS also faced legal action over their use of a Getty Images-sourced photo of the Las Vegas replica of the Statue of Liberty at New York-New York Hotel & Casino in their stamps. While they provided attribution to the photographer, they failed to give attribution to Robert Davidson, sculptor of the replica. From December 2010 to January 2014 the USPS sold up to 4.9 billion stamps bearing the replica, which amounted to $2.1 billion in sales. Although they became aware in March 2011 that the image being used was not of the original Statue of Liberty, USPS made no action,[125] other than to "correct the catalogue information connected with the stamp."[126] Davidson filed a case against USPS in 2013. The court upheld Davidson's stand that his replica was original enough to be copyrightable due to having more modern and feminine appearance of its face. USPS failed on the "purpose" and "portion used" criteria on fair use, though they passed the "effect of the use" criterion as Davidson stated he had no plans to make profit over his sculpture. Neither party was favored for the "nature of the copyrighted work" criterion on fair use. The court found USPS guilty of copyright infringement, and awarded Davidson $3.5 million in damages to be paid by USPS.[125]

Italian-born American sculptor Arturo Di Modica has claimed copyright over the landmark Charging Bull in New York City's Lower Manhattan.[127] He filed lawsuits against various entities exploiting his bull sculpture for commercial purposes, including Walmart in 2006 for selling lithographs of it, North Fork Bank also in 2006 for their inclusion of the sculpture in a national television commercial, and Random House in 2009 over the use of an image of the sculpture in the cover of a book about the fall of the Lehman Brothers.[128][129][130] The cases concluded with settlements.[127]

The creator of the country's second-largest "hammered copper" statue, Portlandia, fiercely protects his copyright over it. Raymond Kaskey has threatened anyone who has attempted to use pictorial representations of the sculpture in postcards, T-shirts, and other commercial media or objects with lawsuits. Portland-based Laurelwood Pub and Brewery reached a cash settlement with Kaskey after he sued them for their use of an image of the sculpture in the label of their Portlandia Pils beer in 2012.[131][132]

Chicago's Cloud Gate sculpture is copyrighted by its artist Anish Kapoor, despite its situation in a public park, and according to attorney Henry Kleeman only the City of Chicago has the user right to exploit the bean-shaped sculpture commercially as they bought a "perpetual paid-up license".[133] The artist filed a lawsuit against National Rifle Association (NRA) in 2018 for their inclusion of the public art in their video advertisement, demanding "$150,000 per infringement" with the number "to be determined according to proof presented in the court."[134] NRA later removed the image of the sculpture from their advertisement, but didn't pay Kapoor and labelled the lawsuit as "baseless".[135]

Vietnam

Freedom of panorama in Vietnam is restricted to non-commercial photography and television broadcasting of public art and architecture. Article 25(h) of the newly-amended Vietnamese copyright law (2022) states it is permitted to photograph and broadcast publicly-displayed works of plastic art, architecture, and applied art "for the purpose of presenting images of these works," but not for commercial purposes.[136]

Two-dimensional works

The precise extent of this permission to make pictures in public places without having to worry about copyrighted works being in the image differs amongst countries.[1] In most countries, it applies only to images of three-dimensional works[137] that are permanently installed in a public place, "permanent" typically meaning "for the natural lifetime of the work".[138][139] In Switzerland, taking and publishing images of two-dimensional works such as murals or graffiti is permitted, but such images cannot be used for the same purpose as the originals.[138]

Public space

Many laws have subtle differences in regard to public space and private property. Whereas the photographer's location is irrelevant in Austria,[1] in Germany the permission applies only if the image was taken from public ground, and without any further utilities such as ladders, lifting platforms, airplanes etc.[24] Under certain circumstances, the scope of the permission is also extended to actually private grounds, e.g. to publicly accessible private parks and castles without entrance control, however with the restriction that the owner may then demand a fee for commercial use of the images.[140]

In many Eastern European countries the copyright laws limit this permission to non-commercial uses of the images only.[141]

There are also international differences in the particular definition of a "public place". In most countries, this includes only outdoor spaces (for instance, in Germany),[24] while some other countries also include indoor spaces such as public museums (this is for instance the case in the UK[142] and in Russia).[143]

See also

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External links

 
Wikimedia Commons has media related to Freedom of panorama.
  • , from the American Society of Media Photographers.
  • , The Chicagoist, February 17, 2005.
  • MacPherson, Linda: .
  • Newell, Bryce Clayton (2011). "Freedom of Panorama: A Comparative Look at International Restrictions on Public Photography". Creighton Law Review. 44: 405–427. Archived from the original on December 2, 2012.

January 13, 2023
freedom, panorama, guidance, about, images, wikipedia, under, freedom, panorama, provisions, commons, commons, provision, copyright, laws, various, jurisdictions, that, permits, taking, photographs, video, footage, creating, other, images, such, paintings, bui. For guidance about the use of images in Wikipedia under freedom of panorama provisions see commons Commons Freedom of panorama Freedom of panorama FOP is a provision in the copyright laws of various jurisdictions that permits taking photographs and video footage and creating other images such as paintings of buildings and sometimes sculptures and other art works which are permanently located in a public place without infringing on any copyright that may otherwise subsist in such works and the publishing of such images 1 2 Panorama freedom statutes or case law limit the right of the copyright owner to take action for breach of copyright against the creators and distributors of such images It is an exception to the normal rule that the copyright owner has the exclusive right to authorize the creation and distribution of derivative works The phrase is derived from the German term Panoramafreiheit panorama freedom citation needed An image of sculptures by Sergej Alexander Dott Himmelsblumen 2003 Gleisdreieck Berlin published under the freedom of panorama provisions in German copyright law In South Africa there is no freedom of panorama Strict interpretation of copyright law means that copyrighted objects like this statue should be censored out Contents 1 History 2 Laws around the world 2 1 European Union 2 1 1 Belgium 2 1 2 Denmark 2 1 3 Finland 2 1 4 France 2 1 5 Germany 2 1 6 Greece 2 1 7 Hungary 2 1 8 Italy 2 1 9 Latvia 2 1 10 Luxembourg 2 1 11 Poland 2 1 12 Portugal 2 1 13 Romania 2 1 14 Slovenia 2 1 15 Spain 2 1 16 Sweden 2 2 Former USSR countries 2 3 Central America 2 4 OAPI member states 2 5 Australia 2 6 Brazil 2 7 Canada 2 8 China 2 8 1 Hong Kong and Macau 2 9 Democratic Republic of the Congo 2 10 Iceland 2 11 India 2 12 Israel 2 13 Japan 2 14 Lebanon 2 15 Malaysia 2 16 Mexico 2 17 Morocco 2 18 Namibia 2 19 New Zealand 2 20 Nigeria 2 21 Norway 2 22 Pakistan 2 23 Philippines 2 24 Singapore 2 25 South Africa 2 26 South Korea 2 27 Sri Lanka 2 28 Taiwan 2 29 Thailand 2 30 Turkey 2 31 Uganda 2 32 United Arab Emirates 2 33 United Kingdom 2 34 United States 2 34 1 Architectural works 2 34 2 Other works 2 35 Vietnam 3 Two dimensional works 4 Public space 5 See also 6 References 7 External linksHistory EditIn the past photography and other methods of visually representing public space were severely restricted for reasons other than authors rights France prohibited such acts in the 19th century for protection of privacy Italy began disallowing representations of archaeological sites in engravings in the 18th century even if such sites were found in public places as a protection of their cultural heritage 2 The concept of freedom of panorama originated in Germany in the 19th century The Kingdom of Bavaria introduced an analogous exception in 1840 for pictorial depictions of works of arts and architecture in their exterior contours in public spaces It was intended to reduce the severity of the new copyright rules of the German Confederation which prohibited reproductions with exception to mechanical reproductions Other component states of the confederation soon emulated the legal right and in 1876 the legal right based on Bavarian exception was finally implemented throughout the confederation by the German parliament 2 Laws around the world EditMany countries have similar provisions restricting the scope of copyright law in order to explicitly permit photographs involving scenes of public places or scenes photographed from public places Other countries though differ widely in their interpretation of the principle 1 Freedom of panorama status around the world for images used for commercial purposes European Union Edit Status of freedom of panorama in Europe for images used for commercial purposes OK including buildings works of art and public interiors OK including buildings works of art and some interiors OK including buildings and works of art but not public interiors OK for buildings only Not OK Inconclusive or unknown In the European Union Directive 2001 29 EC provides for the possibility of member states having a freedom of panorama clause in their copyright laws but does not require such a rule 3 4 5 In 2015 former German MEP Felix Reda proposed applying freedom of panorama to all countries of the European Union He claimed that through the exception people would be free to share images of public spaces that might contain buildings and public art in order to express and share their experiences and thoughts and to preserve our journeys and curate our impressions for entire generations to come 6 His proposal was criticized by former French MEP Jean Marie Cavada who introduced an alternate proposal seeking to restrict freedom of panorama provisions of all the European Union countries to non commercial uses only 7 Cavada claimed that commercial freedom of panorama harms the rights of the authors of architectural and artistic works by allowing entities like Wikimedia and Facebook to exploit the works commercially without compensation to the authors 6 his office added that non commercial freedom of panorama would not affect Internet freedom but would guarantee that platforms like Facebook Instagram and Flickr provide fair compensation to artists 8 Criticism to Cavada s proposal culminated in an online petition by digital rights activists with hashtag SaveFOP garnering more than 460 000 signatures within two weeks after its launch 7 Critics of Wikipedia s intervention to the matter allege that their campaign is bogus and misleading since the European Parliament has no power to pass a legislation that responsibility falls on the European Commission 9 On July 9 the plenary of the European Parliament rejected both proposals thereby maintaining the status of freedom of panorama throughout the European Union 10 Belgium Edit The Atomium taken in 2006 Before 2016 this image would have been illegal to reproduce commercially Freedom of panorama was introduced in Belgium on June 27 2016 with the addition of a new provision in the Economic Code According to XI 190 2 1 the authors of architectural visual and graphic artworks permanently situated in public places cannot restrict the reproduction and public communication of such works providing that it concerns the reproduction or communication of the work as it is and that said reproduction or public communication does not affect the normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author The provision came into effect on July 15 2016 11 Since the provision became effective people are able to take photographs of Brussels famous Atomium landmark and distribute these for any purpose including sharing of such photos to their families and friends on social media freely and without risk of copyright lawsuits from the current copyright holders of the work 11 The rightsholders of Atomium however continue to assert that commercial uses of any depictions of the landmark are still subject to prior permission and royalty fees notwithstanding the introduction of the legal right in the country 12 Denmark Edit Article 24 2 of the Danish copyright law allows the pictorial reproductions of artistic works situated in public places if the purpose is non commercial Article 24 3 states that buildings can be freely reproduced in pictorial form 13 Censored image of The Little Mermaid There is still no full freedom of panorama for non architectural works in Denmark The Little Mermaid a sculpture of Edvard Eriksen who died in 1959 is under copyright until 2030 and the Eriksen family is known to be litigious 14 Several Danish newspapers have been sued for using images of the sculpture without permission by the Eriksen family The purpose of the Danish media is considered commercial Soren Lorentzen photo editor of Berlingske which was one of the newspapers slapped with fines once lamented We used a photo without asking for permission That was apparently a clear violation of copyright laws even though I honestly have a hard time understanding why one can t use photos of a national treasure like the Little Mermaid without violating copyright laws Alice Eriksen granddaughter of the sculptor defended the restrictions and said that such restrictions are in compliance of the laws of the country She added It s the same as receiving royalties when a song is played 15 16 Berlingske was sued again recently after exploiting the statue in 2019 as an illustration in a cartoon concerning debate culture in the country as well as using an image of the sculpture in 2020 to represent a link between the far right and people fearing COVID 19 They were ordered by the Eastern High Court to pay 300 000 kroner 46 000 worth of compensation to the Eriksen family which was increased from 285 000 kroner 44 000 as ruled by a district court 17 As of June 2022 update the 2019 caricature case has reached the Supreme Court the Process Licensing Board remarked that the case must be heard there as it is of a principled nature 18 Finland Edit Finnish freedom of panorama found at third and fourth paragraphs of Article 25a of their copyright law is very limited when it comes to public art Works permanently located in public spaces cannot be photographed for commercial purposes if those become the main subjects in the photographs The provision however explicitly permits newspapers and magazines to fully exploit public art provided that there exist captions that accompany the published photographs In contrast buildings can be freely photographed with no non commercial restrictions 19 France Edit Due to the lack of complete freedom of panorama this image depicting the Louvre Pyramid was censored out Since October 7 2016 article L122 5 of the French Code of Intellectual Property provides for a limited freedom of panorama for works of architecture and sculpture The code authorizes reproductions and representations of works of architecture and sculpture placed permanently in public places voie publique and created by natural persons with the exception of any usage of a commercial character 20 French lawmakers and politicians were reluctant to introduce freedom of panorama in the past former National Assembly member Patrick Bloche in 2011 called freedom of panorama an amendement Wikipedia 21 See also Eiffel Tower Illumination copyright Various contemporary French architecture are protected by copyright and commercial reproductions of these by photographers filmmakers graphic artists or other third party users without permission from the architect or the entity whom the architect has assigned their patrimonial rights to could mean copyright infringement Two separate court decisions in 1990 ruled that unauthorized postcards depicting Grande Arche and La Geode as principal subjects constitute infringements Other monumental works protected by copyright include the Louvre Pyramid the Opera Bastille and the new buildings of the Bibliotheque nationale de France 22 However French jurisprudence considers a certain reproduction as not infringing copyright if it constitutes as an accessory element to the main subject being depicted In a 2005 case concerning postcards of Lyon s Place des Terreaux the Cour de cassation upheld the lower courts decisions on the accessory inclusion of the plaza s modern artistic constructions on postcards stating that the works blended with the public domain architecture of the plaza surroundings and that the work of art was of secondary importance to the subject which is the plaza itself 22 Photo of Tarn River in southern France with the copyrighted Millau Viaduct in the background CEVM Compagnie Eiffage du Viaduc de Millau the exclusive beneficiary of all property rights of Millau Viaduct on behalf of its architect Norman Foster in their website explicitly requires that professional and or commercial uses of images of the bridge are subject to prior express permission of the CEVM Additionally CEVM has the sole right to distribute images of the viaduct in souvenir items such as postcards However private and or non commercial uses of images are tolerated by CEVM Also exempted from obligatory permission and remuneration payment are landscape images where the Viaduct appears in the background and is thus not the main focus of the image 23 Germany Edit Panoramafreiheit is defined in article 59 of the German Urheberrechtsgesetz 24 An example of litigation due to the EU legislation is the Hundertwasserentscheidung Hundertwasser decision a case won by Friedensreich Hundertwasser in Germany against a German company for use of a photo of an Austrian building 25 Greece Edit Freedom of panorama does not exist in Greece The Greek copyright law 2121 1993 on Copyright Related Rights and Cultural Matters as last amended in 2021 only provides a vague but restrictive exception allowing occasional reproduction and communication by the mass media of images of architectural works fine art works photographs or works of applied art which are sited permanently in a public place 26 Hungary Edit Article 68 1 of the Hungarian copyright law states that views of fine arts architectural and applied arts permanently situated in public outdoors can be made and used without the need of permission from and remuneration to the authors of the works 27 Italy Edit In Italy 28 freedom of panorama does not exist Despite many official protests 29 and a national initiative 30 led by the lawyer Guido Scorza and the journalist Luca Spinelli who highlighted the issue 28 the publishing of photographic reproductions of public places is still prohibited in accordance with the old Italian copyright laws 31 32 A 2004 law called Codice Urbani states among other provisions that to publish pictures of cultural goods meaning in theory every cultural and artistic object and place for commercial purposes it is mandatory to obtain an authorization from the local branch of the Ministry of Arts and Cultural Heritage the Soprintendenza Latvia Edit Latvian copyright law provides for a restrictive freedom of panorama provision limited to non commercial uses only Images of works permanently showcased in public spaces including achitecture visual arts and applied arts can only be exploited for personal use and as information in news broadcasts or reports of current events or include in works for non commercial purposes 33 Luxembourg Edit Freedom of panorama is not granted in Luxembourg Article 10 7 of their copyright law permits the depictions of public art found in publicly accessible places if the said works are not the main subject of reproduction or communication 34 Poland Edit Spodek a multipurpose arena complex in the city of Katowice There is adequate freedom of panorama in Poland guaranteed by Article 33 1 of the Act on Copyright and Related Rights It states that it is permissible to disseminate works permanently displayed in generally accessible roads streets squares or gardens but not for the same use Distribution is through the use of photographs or pictorial representations of works such as buildings and public sculptures in any media including commercial video games and apps Because the purpose of a photograph of such a work such as an office building a shopping mall or a bridge is not the same as the original purpose of establishing a work it is a permissible use under national copyright law 35 Portugal Edit Freedom of panorama for Portuguese works is found at Article 75 paragraph 2 point q of the Portuguese Code of Authors Rights and Neighbouring Rights covering permanent works in public spaces such as architecture and sculptures However Article 76 paragraph 1 point a requires attribution of the author and the identification of the name of the work for every free use of photographic or videographic depictions of it 36 Romania Edit Censored image of National Library of Romania designed by architect Cezar Lăzărescu who died in 1986 while the building was being constructed There is no full freedom of panorama in Romania it is limited only to non commercial purposes Under Article 35 f of their copyright law it is allowed to reproduce distribute and communicate to the public images of architectural sculptural photographic and applied art works situated in public places except that if the works become the main subject of the reproduction and if this reproduction is used for commercial purposes 33 37 The heirs of Anca Petrescu the architect of the colossal Palace of the Parliament sued the Romanian Parliament for selling photos and other souvenirs with the image of the iconic building 38 The copyright infringement trial is ongoing 39 better source needed Slovenia Edit Article 55 of the Copyright and Related Rights Act of Slovenia states that Works that are permanently situated in parks streets squares or other generally accessible places shall be freely exploited but this is prohibited if the intent of exploitation is for profit 40 In practice however this means that without permission from the author of the works objects like buildings and statues whose copyrights have not yet expired can only be photographed for personal use and publications of such images in a tourism portal or a newspaper are prohibited since newspaper publishing is considered commercial 41 Spain Edit While Spain has freedom of panorama the use of Auditorio de Tenerife in photographs is regulated by the Spanish trademark law The copyright law of Spain provides a freedom of panorama provision at Article 35 2 which states that works permanently located in parks streets squares or other public thoroughfares may be freely reproduced distributed and communicated by means of paintings drawings photographs and audiovisual procedures 42 Commercial uses of several Spanish buildings may be restricted by virtue of trademark law Santiago Calatrava s Auditorio de Tenerife can be freely photographed by tourists but as a trademarked work since 2003 it cannot be freely used by commercial photographers and cinematographers unless the said users pay relevant fees to the owner of the building It is also required to make a deposit to ensure the photographs are used appropriately 43 Sweden Edit On April 4 2016 the Swedish Supreme Court ruled that Wikimedia Sweden infringed on the copyright of artists of public artwork by creating a website and database of public artworks in Sweden containing images of public artwork uploaded by the public 44 45 46 Swedish copyright law contains an exception to the copyright holder s exclusive right to make their works available to the public that allows depictions of public artwork 47 2 5 The Swedish Supreme Court decided to take a restrictive view of this copyright exception 47 6 The Court determined that the database was not of insignificant commercial value for both the database operator or those accessing the database and that this value should be reserved for the authors of the works of art Whether the operator of the database actually has a commercial purpose is then irrelevant 47 6 The case was returned to a lower court to determine damages that Wikimedia Sweden owes to the collective rights management agency Bildkonst Upphovsratt i Sverige BUS which initiated the lawsuit on behalf of artists they represent 47 2 7 In 2017 Wikimedia Sweden was ordered to pay damages equivalent to around 89 000 USD to BUS 48 Former USSR countries Edit Main building of Moscow State University designed by Lev Rudnev who died in 1956 and under copyright when freedom of panorama for architecture was introduced in Russia in 2014 Almost all countries from the former Soviet Union lack complete freedom of panorama In particular Article 21 of the copyright law of Kazakhstan allows uses of works of architecture photographs and fine arts but does not allow commercial uses if the works become main subjects of the images 49 The Ukrainian copyright law does not grant freedom of panorama four separate court rulings during 2007 09 found that four users who exploited Vasyl Borodai s 1982 artistic work Monument to the Founders of Kyiv in the late 1990s and early 2000s violated the sculptor s author rights These users independent of each other were Ukrgasbank which used an image of this work in their advertisements FOLIO Publishing House which exploited it as a book cover for their non educational book and Molochnik and VK and K which both used an image of the same monument as food packaging design 33 Exceptions are three countries whose copyright laws were amended recently The first was Moldova in July 2010 when the law in question was approximated to EU standards 50 Armenia followed in April 2013 with an updated Armenian law on copyright 51 Freedom of panorama was partially adopted in Russia on October 1 2014 from this day one is allowed to freely use images of buildings and gardens visible from public places but not for images of other works like sculptures 52 Central America Edit The majority of Spanish speaking countries in Central America do not allow broad freedom of panorama The copyright laws of Guatemala 53 Honduras 54 and Nicaragua 55 only permit personal uses of pictorial representations of public art permanently found on streets squares and other types of public spaces as well as exteriors of architectural works Article 71 of the Costa Rican copyright law allows taking photographs of public art like monuments and statues in public spaces but only for non commercial purposes 56 There are no non commercial or personal use only restrictions imposed on the freedom of panorama provisions of the copyright laws of El Salvador 57 and Panama 58 Section 78 of the Copyright Act of Belize explicitly permits representing works of architecture sculpture and artistic craftsmanship in paintings photographs films or broadcasts as long as these are permanently seen in public spaces or publicly accessible premises 59 OAPI member states Edit Freedom of panorama is restricted within Organisation Africaine de la Propriete Intellectuelle OAPI which consists of Benin Burkina Faso Cameroon Central African Republic Chad Comoros Congo Ivory Coast Equatorial Guinea Gabon Guinea Guinea Bissau Mali Mauritania Niger Senegal and Togo In accordance with the Annex VII Part I Article 16 of the Bangui Agreement it is allowed to share or distribute images of architecture fine arts photographs or applied art permanently located in public spaces but not for commercial purposes if those become main subjects of the images 60 Australia Edit Sydney Opera House designed by Danish architect Jorn Utzon In Australia freedom of panorama is dealt with in the federal Copyright Act 1968 sections 65 to 68 Section 65 provides The copyright in a work that is situated otherwise than temporarily in a public place or in premises open to the public is not infringed by the making of a painting drawing engraving or photograph of the work or by the inclusion of the work in a cinematograph film or in a television broadcast This applies to any artistic work as defined in paragraph c of section 10 a work of artistic craftsmanship but not a circuit layout 61 Section 66 of the Act provides exceptions to infringement of copyright in buildings and models of buildings by including the buildings in photos and depictions 61 There is no right to reproduce artistic works outside the ambit of these provisions This means the reproduction of street art can potentially infringe copyright 62 63 64 Brazil Edit Christ the Redeemer by artist Paul Landowski who died in 1961 A freedom of panorama provision is provided at Article 48 of the Brazilian copyright law It states that works permanently located in public places may be freely represented through paintings drawings photographs and audiovisual processes 65 Canada Edit Section 32 2 1 of the Copyright Act Canada states the following It is not an infringement of copyright b for any person to reproduce in a painting drawing engraving photograph or cinematographic work i an architectural work provided the copy is not in the nature of an architectural drawing or plan or ii a sculpture or work of artistic craftsmanship or a cast or model of a sculpture or work of artistic craftsmanship that is permanently situated in a public place or building The Copyright Act also provides specific protection for the incidental inclusion of another work seen in the background of a photo Photos that incidentally and not deliberately include another work do not infringe copyright China Edit Emperors Yan and Huang monument in Zhengzhou designed by Wu Shuhua and completed in 2007 Article 24 10 of the copyright law of China provides a sufficient freedom of panorama provision Accordingly it is allowed to exploit an artistic work located or on display in a public place by means of drawing photography or videography without permission from and remuneration to the copyright holder provided that the name of the author and the title of the work shall be mentioned 66 Because of relevant provisions under One country two systems the said exception does not apply to both Hong Kong and Macau 67 68 Hong Kong and Macau Edit Section 71 of Hong Kong s Copyright Ordinance Chapter 528 allows for representations sculptures and works of artistic craftsmanship permanently situated in public place or in premises open to the public and buildings through drawings paintings photographs films and broadcasting and considers making copies of representations of such works as not infringing the copyright of such works 69 Section 61 l of Macau s Decree Law No 43 99 M of August 16 1999 on the Regime of Copyright and Related Rights permits photographic videographic and cinematographic representations of artistic works situated in public places 70 Democratic Republic of the Congo Edit Freedom of panorama is very limited in the copyright law of the Democratic Republic of the Congo Article 28 permits photography cinematography and television broadcasting of architecture though photos of such works can only be legally used in newspapers journals and school textbooks Article 29 which deals with figurative works of art that are permanently located in a public place only allows representations of such works through film and television programs 71 Iceland Edit Icelandic copyright law does not provide full freedom of panorama Article 16 permits photography and presentation of resulting images of buildings and public art outdoors but if these became the main subjects of the images and the images are used commercially the authors of buildings and public art are entitled for remuneration Such mandatory payment is not required if the user is a newspaper publisher or a television broadcaster 72 India Edit The Palace of Assembly in Chandigarh designed by Le Corbusier It has been a UNESCO World Heritage Site since 2016 Freedom of panorama is dealt with in sections 52 s u i of the copyright law of India Both s and t of section 52 applies to depictions of architecture sculptures and works of artistic craftsmanship through drawing painting engraving and photography while u i applies to cinematographic inclusion of all types of artistic works These provisions are applicable if the work is permanently situate in a public place or any premises to which the public has access u ii is for the incidental cinematographic inclusion of works not located in public spaces 73 The case The Daily Calendar Supplying v The United Concern 1958 concerned the Daily Calendar Supplying Bureau s commercial distributions of slightly modified reproductions of an oil painting of Lord Subramania by the firm United Concern The firm acquired artistic property rights over the painting from its artist T M Subramaniam soon after the artistic work was created in 1947 The user was ordered to pay 1 000 rupees worth of copyright damage to the firm The Madras High Court rejected the argument of the Daily Calendar Supplying in their 1964 appeal that their act falls under Section 52 t since the original painting was still under the artist s private custody even if free copies were already being distributed to several temples in the south This distribution is not tantamount to his installing his original work in a public place 74 Israel Edit Israeli freedom of panorama is found at Section 23 of the Copyright Act 2007 as amended on July 28 2011 which states that it is permitted to visually represent works of architecture sculpture and applied art through drawing sketching photography and broadcasting if the said works are permanently situated in a public place 75 Japan Edit The copyright law of Japan provides for a limited freedom of panorama for outdoor artistic works and full freedom of panorama for buildings Article 46 of the Copyright Act Act No 48 of May 6 1970 as amended 2020 allows for exploitations of reproductions of artistic works permanently installed in an outdoor location and architectural works for any purposes but in the case of artistic works this right does not apply if the reproduction is made for the purpose of selling copies of it or selling those copies 76 Article 48 obliges the users of images of such works to mention the source if provided and in accordance with the common practice 77 It is important to note the 2003 ruling of the Osaka District Court which states that architectural works protected under this law only includes buildings with distinct aesthetic and creative properties 78 There are also legal interpretations which hold that the Tower of the Sun in Suita Osaka Prefecture must be classified as an artistic work rather than an architectural work This means any images of this landmark cannot be used commercially even if there is full freedom of panorama for buildings in Japan 79 80 Lebanon Edit Freedom of panorama in Lebanon is restricted to the publications of pictorial representations of architecture visual arts photographs or applied art by the media only in accordance with Article 31 of Law No 75 of April 3 1999 on the Protection of Literary and Artistic Property 81 Malaysia Edit Merdeka 118 in Kuala Lumpur designed by Fender Katsalidis Architects Marlin Statue in Kota Kinabalu Under Section 13 2 of the Copyright Act 1987 Act 332 as at 1 January 2006 the right to control does not include 82 c the inclusion in a film or broadcast of any artistic work situated in a place where it can be viewed by the public d the reproduction and distribution of copies of any artistic work permanently situated in a place where it can be viewed by the public Artistic work is defined at Section 3 f as encompassing works of architecture models of architecture sculptures graphic works and works of artistic craftsmanship but explicitly excludes layout designs 82 Mexico Edit The copyright law of Mexico provides for a freedom of panorama provision at Article 148 VII 83 Article 148 Literary and artistic works that have already been disclosed may only be used in the following cases without the consent of the owner of the economic rights and without remuneration provided that the normal exploitation of the work is not adversely affected thereby and provided also that the source is invariably mentioned and that no alteration is made to the work VII Reproduction communication and distribution by means of drawings paintings photographs and audiovisual processes of works that are visible from public places Morocco Edit The Moroccan copyright law does not provide full freedom of panorama The relevant provision at Section 20 only allows republication broadcasting and communication to public of images of architecture works of fine art photographic works and works applied art permanently situated in publicly open place if the depicted work is not the main subject If it becomes the main subject the reproduction should not be used commercially 84 On December 12 1955 the Court of Appeal of Rabat ruled that the fact of building or placing an architectural work in a public place does not in itself imply any loss of artistic property rights 85 Namibia Edit The Copyright and Neighbouring Rights Protection Act 1994 Act 6 of 1994 does not give complete freedom of panorama Section 18 1 b only permits the presentation of artistic works permanently situated in a street square or a similar public place in cinematograph films or in television broadcasts 86 New Zealand Edit Under the Copyright Act 1994 of New Zealand exemptions exist for free sharing of photographs of certain works like sculptures but none for graphic works like murals and street art even if these are located in public spaces This means permission from the artists or whoever is the copyright holder is required to freely take photographs of such graphic works for sharing purposes especially with commercial intent However this restriction is largely ignored as evidenced by tourists continued sharing of such images on social media and marketing companies utilizations of copyrighted graphic works as background elements in advertisements 87 In 2019 artist Xoe Hall expressed her indignation over Whitcoulls s use of images of her Wellington mural in their calendars and suggested her peer muralists in New Zealand have a contract for every wall they paint stating who owns the copyright and to include that in the mural with the artist s name 88 Nigeria Edit Freedom of panorama in Nigeria is provided at item d of the Second Schedule Exceptions from copyright control stating that artistic works found in public places can be reproduced and the resulting copies distributed 89 Norway Edit Section 31 of the 2018 Norwegian copyright law grants restricted freedom of panorama for artistic works permanently situated in public spaces permitting only non commercial reproductions if the works become main subjects of depictions However architecture can be freely depicted regardless of intent 90 Pakistan Edit The copyright law of Pakistan grants freedom of panorama under Section 57 Both r and s of section 57 applies to depictions of architecture sculptures and works of artistic craftsmanship through drawing painting engraving and photography while t i applies to cinematographic inclusion of all types of artistic works These provisions are applicable if the work is permanently situated in a public place or any premises to which the public has access t ii is for the incidental cinematographic inclusion of artistic works not located in public spaces 91 Philippines Edit The Intellectual property Code of the Philippines Republic Act No 8923 makes no specific provision for freedom of panorama A very limited provision does exists at Section 184 d which states the reproduction and communication to the public of literary scientific or artistic works as part of reports of current events by means of photography cinematography or broadcasting to the extent necessary for the purpose 92 On February 4 2021 Intellectual Property Office of the Philippines Director General Rowel Barba proposed to the House of Representatives to include freedom of panorama in the amendments to the Intellectual Property Code House Bill No 2672 to place freedom of panorama under Sub section m Section 184 of the Intellectual Property Code had been filed by Representative Christopher de Venecia of Pangasinan as of 28 July 2022 update 93 As of August 2022 update the bill was pending in the House of Representatives 94 Singapore Edit The copyright law of Singapore guarantees sufficient freedom of panorama under Sections 63 and 64 Section 63 deals with sculptures and works of artistic craftsmanship that are permanently located in public places or publicly open premises while Section 64 covers buildings and models of buildings Allowable representations are painting drawing engraving photography cinematography and television broadcasting 95 South Africa Edit The copyright law of South Africa does not grant freedom of panorama An exception is provided at Section 15 3 for artistic works permanently situated in public places but only limits to reproduction or inclusion in a cinematograph film or a television broadcast or transmission in a diffusion service The diffusion service is defined in Section 1 1 as a telecommunication service of transmissions consisting of sounds images signs or signals which takes place over wires or other paths provided by material substance and intended for reception by specific members of the public and where sounds images signs or signals are displayed or emitted by any receiving apparatus to which they are conveyed by diffusion in such manner as to constitute a performance or a causing of sounds images signs or signals to be seen or heard in public this shall be deemed to be effected by the operation of the receiving apparatus 96 South Korea Edit Censored image of 63 Building as a result of restrictive non commercial freedom of panorama A freedom of panorama provision is provided at Article 35 of the South Korean copyright law but is restricted to non commercial purposes only The provision states that works of art buildings and photographs that are permanently situated in open places can be exploited for any purposes except in cases Where a building is reproduced into another building Where a sculpture or painting is reproduced into another sculpture or painting Where the reproduction is made in order to exhibit permanently at an open place Where the reproduction is made for the purpose of selling its copies 97 There was a case in 2008 which concerned an advertisement company s unauthorized use of a building in advertisements Pomato Co Ltd used architect Min Gyu am s UV House located in Paju by their inclusion of the building as the background element of a 2005 television and Internet advertisement for the Kookmin Bank The architect received a rental fee for the place but he did not grant permission to use its copyright After the advertisements were released the architect said they used the architectural work without his permission so he claims for damages In the first trial the Seoul Central District Court judged that the appearance of the building used in the advertisements is small compared to the whole so it cannot be seen as a copyright infringement 98 During the second trial on November 7 2008 both parties agreed to compensation payment So with the completion of mediation the second trial ended without a ruling 99 Sri Lanka Edit The Intellectual Property Act No 36 of 2003 does not contain a freedom of panorama provision in the list of limitations to copyright at Section 12 100 The law repealed the Code of Intellectual Property Act No 52 of 1979 which had a limited freedom of panorama provision at Section 13 d that granted filmmakers and television broadcasters the right to reproduce works of art and architecture permanently located in a place where they can be viewed by the public 101 Taiwan Edit Taipei 101 Article 58 of the Copyright Act of Taiwan provides for a freedom of panorama exception wherein architectural and artistic works displayed on a long term basis in outdoor places open to the public may be exploited for any purposes This does not apply if the reproduction of artistic works is purely for the purpose of selling copies 102 The restricted freedom of panorama for artistic works was affirmed in 2022 correspondences from the Intellectual Property Office of the Ministry of Economic Affairs in clarifying the non commercial restriction of the Taiwanese freedom of panorama for non architectural works Nevertheless commercial media like post cards that only show the artistic works incidentally like in the background are permissible 103 104 Thailand Edit Freedom of panorama is dealt with in Sections 37 39 of the copyright law of Thailand Sections 37 and 38 allow representations through drawing painting construction engraving molding carving lithographing photographing cinematographing and video broadcasting of artistic works in public places and architecture while Section 39 allows pictorial and videographic representations of a work of which an artistic work is a component 105 Turkey Edit Under article 40 of the copyright law of Turkey Works of fine arts permanently placed on public streets avenues or squares may be reproduced by drawings graphics photographs and the like distributed shown by projection in public premises or broadcast by radio or similar means For architectural works this freedom is only valid for the exterior form 5846 1951 Article 40 106 Uganda Edit Freedom of panorama is granted in Uganda under Section 15 1 f of The Copyright and Neighbouring Rights Act 2006 which states that architectural or artistic works permanently located in a public place can be reproduced and communicated to public through photography audiovisual works and television broadcasting Under Section 2 of the law public place is broadly defined as any building or conveyance to which for the time being the public are entitled or permitted to have access with or without payment ranging from cinemas and restaurants to sports facilities and resorts 107 United Arab Emirates Edit Article 22 7 of the Federal Law No 38 of 2021 on Copyrights and Neighboring Rights does not grant freedom of panorama It only permits exhibitions of fine applied plastic and architectural arts permanently located in public places in broadcasts 108 Article 22 7 of the repealed Federal Law No 7 of 2002 on Copyrights and Neighboring Rights gives similar restrictive legal right 109 Protected works in the United Arab Emirates include the Burj Al Arab the Burj Khalifa and Sheikh Zayed Mosque Due to Wikimedia s stringent licensing rules submitted images showing modern architecture without proper permissions were taken down at the end of the first edition of the Wiki Loves Emirates campaign in 2018 110 United Kingdom Edit Paddington Bear statue at London Paddington station Angel of the North sculpture in Gateshead Tyne and Wear Under UK law freedom of panorama covers all buildings as well as most three dimensional works such as sculptures that are permanently situated in a public place The freedom does not generally extend to two dimensional copyright works such as murals or posters A photograph which makes use of the freedom may be published in any way without breaching copyright Section 62 of the Copyright Designs and Patents Act 1988 is broader than the corresponding provisions in many other countries and allows photographers to take pictures of buildings defined in section 4 2 as any fixed structure and a part of a building or fixed structure There is no requirement that the building be in located a public place nor does the freedom extend only to external views of the building Also allowed are photographs of certain artworks that are permanently situated in a public place or in premises open to the public specifically sculptures models for buildings and works of artistic craftsmanship According to the standard reference work on copyright Copinger and Skone James the expression open to the public presumably includes premises to which the public are admitted only on licence or on payment 111 Again this is broader than public place which is the wording in many countries and there is no restriction to works that are located outdoors Under the local approach to copyright works of artistic craftsmanship are defined separately from graphic works and the freedom of section 62 does not apply to the latter Graphic works are defined in section 4 as any painting drawing diagram map chart or plan any engraving etching lithograph woodcut or similar work Accordingly photographs may not freely be taken of artworks such as murals or posters even if they are permanently located in a public place The courts have not established a consistent test for what is meant by a work of artistic craftsmanship but Copinger suggests that the creator must be both a craftsman and an artist 112 Evidence of the intentions of the maker are relevant and according to the House of Lords case of Hensher v Restawile 1976 AC 64 113 it is relevant and important although not a paramount or leading consideration if the creator had the conscious purpose of creating a work of art It is not necessary for the work to be describable as fine art In that case some examples were given of typical articles that might be considered works of artistic craftsmanship including hand painted tiles stained glass wrought iron gates and the products of high class printing bookbinding cutlery needlework and cabinet making Other artworks cited by Copinger that have been held to fall under this definition include hand knitted woollen sweaters fabric with a highly textured surface including 3D elements a range of pottery and items of dinnerware The cases are respectively Bonz v Cooke 1994 3 NZLR 216 New Zealand Coogi Australia v Hyrdrosport 1988 157 ALR 247 Australia Walter Enterprises v Kearns Zimbabwe noted at 1990 4 EntLR E 61 and Commissioner of Taxation v Murray 1990 92 ALR 671 Australia The Design and Artists Copyright Society and Artquest provide further information on UK freedom of panorama 114 115 United States Edit Architectural works Edit Further information Copyright in architecture in the United States United States copyright law contains the following provision The copyright in an architectural work that has been constructed does not include the right to prevent the making distributing or public display of pictures paintings photographs or other pictorial representations of the work if the building in which the work is embodied is located in or ordinarily visible from a public place 17 U S Code 120 a 116 Frank Gehry s Walt Disney Concert Hall The definition of architectural work is a building 117 which is defined as humanly habitable structures that are intended to be both permanent and stationary such as houses and office buildings and other permanent and stationary structures designed for human occupancy including but not limited to churches museums gazebos and garden pavilions 118 Other works Edit Nevertheless the United States freedom of panorama does not cover other artistic works still covered by copyright including sculptures Usages of images of such works for commercial purposes may become copyright infringements The case Gaylord v United States No 09 5044 involved the United States Postal Service s use of an image of 14 out of 19 statues of soldiers in the Korean War Veterans Memorial for their commemorative stamp in the 50th anniversary of the Korean War armistice in 2003 USPS did not obtain permission from Frank Gaylord sculptor of the artistic work called The Column for their use of the image on their stamp which cost 37 cents 119 Gaylord filed suit against USPS in 2006 for violation of his copyright over the sculpture Included in the suit was former Marine John Alli who was the photographer of the image used by USPS Eventually an amicable settlement was reached with Alli when the photographer agreed to pay Gaylord a 10 royalty for any subsequent sales of his image of the statues 120 121 In a 2008 decision of the Court of Federal Claims it was determined that USPS did not infringe Gaylord s copyright as their use complies with fair use Nevertheless the court determined that The Column is not covered by the Architectural Works Copyright Protection Act AWCPA as it is not an architectural work of art The side of the sculptor appealed and on February 25 2010 the Federal Circuit reversed the earlier decision regarding fair use The use of the image of The Column in the commemorative stamp by USPS cannot be considered as a fair use since it is not transformative in nature the context and intended meaning in the stamp remained the same as that of the actual sculpture The presence of the artistic work in the stamp is substantial and this also fails fair use The purpose of USPS over this use is considered commercial because it earned 17 million from its sales of almost 48 million stamps bearing this image The Federal Circuit upheld the earlier decision of the Court of Federal Claims that The Column is not a work of architecture 119 On remand in 2011 the Court of Federal Claims awarded 5 000 in damages Gaylord appealed the amount of the damages and in 2012 the appeals court remanded the case for a determination of the fair market value of the Postal Service s infringing use 122 On September 20 2013 the Court of Federal Claims awarded a total of 684 844 94 worth of economic rights damage that was to be paid by USPS to Gaylord 123 124 The New York New York Hotel amp Casino with the trivial inclusion of the Statue of Liberty Las Vegas replica USPS also faced legal action over their use of a Getty Images sourced photo of the Las Vegas replica of the Statue of Liberty at New York New York Hotel amp Casino in their stamps While they provided attribution to the photographer they failed to give attribution to Robert Davidson sculptor of the replica From December 2010 to January 2014 the USPS sold up to 4 9 billion stamps bearing the replica which amounted to 2 1 billion in sales Although they became aware in March 2011 that the image being used was not of the original Statue of Liberty USPS made no action 125 other than to correct the catalogue information connected with the stamp 126 Davidson filed a case against USPS in 2013 The court upheld Davidson s stand that his replica was original enough to be copyrightable due to having more modern and feminine appearance of its face USPS failed on the purpose and portion used criteria on fair use though they passed the effect of the use criterion as Davidson stated he had no plans to make profit over his sculpture Neither party was favored for the nature of the copyrighted work criterion on fair use The court found USPS guilty of copyright infringement and awarded Davidson 3 5 million in damages to be paid by USPS 125 Italian born American sculptor Arturo Di Modica has claimed copyright over the landmark Charging Bull in New York City s Lower Manhattan 127 He filed lawsuits against various entities exploiting his bull sculpture for commercial purposes including Walmart in 2006 for selling lithographs of it North Fork Bank also in 2006 for their inclusion of the sculpture in a national television commercial and Random House in 2009 over the use of an image of the sculpture in the cover of a book about the fall of the Lehman Brothers 128 129 130 The cases concluded with settlements 127 The creator of the country s second largest hammered copper statue Portlandia fiercely protects his copyright over it Raymond Kaskey has threatened anyone who has attempted to use pictorial representations of the sculpture in postcards T shirts and other commercial media or objects with lawsuits Portland based Laurelwood Pub and Brewery reached a cash settlement with Kaskey after he sued them for their use of an image of the sculpture in the label of their Portlandia Pils beer in 2012 131 132 Chicago s Cloud Gate sculpture is copyrighted by its artist Anish Kapoor despite its situation in a public park and according to attorney Henry Kleeman only the City of Chicago has the user right to exploit the bean shaped sculpture commercially as they bought a perpetual paid up license 133 The artist filed a lawsuit against National Rifle Association NRA in 2018 for their inclusion of the public art in their video advertisement demanding 150 000 per infringement with the number to be determined according to proof presented in the court 134 NRA later removed the image of the sculpture from their advertisement but didn t pay Kapoor and labelled the lawsuit as baseless 135 Vietnam Edit Freedom of panorama in Vietnam is restricted to non commercial photography and television broadcasting of public art and architecture Article 25 h of the newly amended Vietnamese copyright law 2022 states it is permitted to photograph and broadcast publicly displayed works of plastic art architecture and applied art for the purpose of presenting images of these works but not for commercial purposes 136 Two dimensional works EditThe precise extent of this permission to make pictures in public places without having to worry about copyrighted works being in the image differs amongst countries 1 In most countries it applies only to images of three dimensional works 137 that are permanently installed in a public place permanent typically meaning for the natural lifetime of the work 138 139 In Switzerland taking and publishing images of two dimensional works such as murals or graffiti is permitted but such images cannot be used for the same purpose as the originals 138 Public space EditMany laws have subtle differences in regard to public space and private property Whereas the photographer s location is irrelevant in Austria 1 in Germany the permission applies only if the image was taken from public ground and without any further utilities such as ladders lifting platforms airplanes etc 24 Under certain circumstances the scope of the permission is also extended to actually private grounds e g to publicly accessible private parks and castles without entrance control however with the restriction that the owner may then demand a fee for commercial use of the images 140 In many Eastern European countries the copyright laws limit this permission to non commercial uses of the images only 141 There are also international differences in the particular definition of a public place In most countries this includes only outdoor spaces for instance in Germany 24 while some other countries also include indoor spaces such as public museums this is for instance the case in the UK 142 and in Russia 143 See also EditCopyleft Directive on Copyright in the Digital Single Market Free content Photography and the law Public domain TrademarkReferences Edit a b c d Seiler David 2006 Gebaudefotografie in der EU Neues vom Hundertwasserhaus Photopresse p 16 Archived from the original on September 30 2007 Retrieved May 18 2020 a b c Rosnay Melanie Dulong de Langlais Pierre Carl February 16 2017 Public artworks and the freedom of panorama controversy a case of Wikimedia influence Internet Policy Review 6 1 doi 10 14763 2017 1 447 ISSN 2197 6775 Archived from the original on January 18 2018 N N Panoramafreiheit Archived from the original on April 18 2015 Retrieved May 18 2020 See also Article 5 3 h of 2001 29 EC The IPKat ipkitten blogspot co uk Archived from the original on June 26 2015 Euromyths and Letters to the Editor Europe is not banning tourist photos of the London Eye European Commission in the UK Archived from the original on June 27 2015 a b Debate should the freedom of panorama be introduced all over the EU July 2 2015 Retrieved February 11 2021 a b Seymat Thomas July 8 2015 The bitter fight for Freedom of Panorama Euronews Retrieved February 11 2021 Tost Olaf June 30 2015 Freedom of Panorama Will the EU ban landmark photography Deutsche Welle Retrieved February 11 2021 Orlowski Andrew July 2 2015 Wikipedia jumps aboard the bogus freedom of panorama bandwagon The Register Retrieved December 9 2021 European Parliament as it happened 9 July 2015 July 9 2015 Retrieved February 11 2021 a b Belgium Freedom of panorama a new copyright exception Managing IP September 27 2016 Retrieved February 8 2021 COPYRIGHT Retrieved January 18 2021 Denmark Consolidated Act on Copyright Consolidated Act No 1144 of October 23 2014 PDF WIPO Lex Retrieved December 20 2020 Hull Craig April 3 2019 Freedom of Panorama What It Means for Photography Retrieved December 15 2020 Denmark s icon that we can t show you The Local August 16 2014 Retrieved December 20 2020 Burgett Gannon August 20 2014 If You Try to Publish a Picture of this Statue in Denmark You d Better be Ready to Pay Up PetaPixel Retrieved December 20 2020 Court raises penalty for Little Mermaid copyright violation Associated Press February 9 2022 Retrieved February 13 2022 Berlingske s drawing is due before the Supreme Court The Denmark Post June 1 2022 Retrieved July 13 2022 8 7 1961 404 FINLEX in Finnish Retrieved November 23 2022 Article 5 section 11 of Code on Intellectual Property Archived from the original on January 27 2017 Retrieved December 26 2016 Debats de l Assemblee nationale sur l amendement 22 panoramas au projet de loi sur la copie privee 23 11 11 a b Lipovetsky Sabine de Dampierre Emmanuele May 24 2012 The protection of the image of a building under French law where judges create law PDF Journal of Intellectual Property Law amp Practice Oxford University Press Retrieved March 23 2021 Rules for the use of images of the viaduct Viaduc de Millau Un ouvrage un patrimoine Retrieved January 16 2020 a b c Seiler David June 24 2001 Fotografieren von und in Gebauden visuell p 50 Archived from the original on September 30 2007 Retrieved May 18 2020 See also 59 UrhG Germany in German Archived from the original on February 23 2011 Retrieved September 20 2007 Rechtsprechung BGH 05 06 2003 I ZR 192 00 dejure org Archived from the original on August 20 2016 Retrieved May 18 2020 Law 2121 1993 Hellenic Copyright Organization Retrieved December 31 2022 Act LXXVI of 1999 on copyright PDF Hungarian Intellectual Property Office 2018 Retrieved December 3 2022 a b Spinelli Luca Wikipedia cede al diritto d autore Punto Informatico Archived from the original on September 29 2008 Retrieved May 18 2020 Grillini Franco Interrogazione Diritto di panorama Interrogation panorama right Grillini it in Italian Archived from the original on October 25 2008 Retrieved May 18 2020 Scorza Guido Spinelli Luca March 3 2007 Dare un senso al degrado PDF Rome Archived PDF from the original on July 8 2009 Retrieved May 18 2020 Legge 22 aprile 1941 n 633 in Italian Archived from the original on December 23 2014 Retrieved May 18 2020 Decreto Legislativo 22 gennaio 2004 n 42 in Italian Archived from the original on October 24 2008 Retrieved May 18 2020 a b c Shtefan Anna 2019 FREEDOM OF PANORAMA THE EU EXPERIENCE PDF European Journal of Legal Studies II Loi du 18 avril 2001 sur les droits d auteur les droits voisins et les bases de donnees Legilux in French Retrieved December 21 2022 Marcinoska Lena October 22 2015 Freedom of panorama In Principle Codozasady pl Archived from the original on January 16 2021 Retrieved December 28 2020 Nobre Teresa June 2016 Best Case Scenarios for Copyright Freedom of Panorama in Portugal PDF COMMUNIA Retrieved January 12 2022 LEGEA nr 8 din 14 martie 1996 republicată Ministerul Justiției in Romanian Retrieved March 22 2021 Bătălia pentru imaginea Palatului Parlamentului Decizia luată de OSIM Stirileprotv ro in Romanian March 15 2018 Retrieved May 6 2022 Taking photos of the Palace of Parliament can be considered illegal Pandects dpVUE Retrieved October 12 2018 Zakon o avtorski in sorodnih pravicah uradno precisceno besedilo ZASP UPB3 Uradni list RS in Slovenian 16 2007 1805 February 23 2007 Cerar Gregor July 5 2015 Ali bo Unija omejila objavo slik javnih stavb na druzbenih omrezjih in Slovenian MMC RTV Slovenija Spain Consolidated Text of the Law on Intellectual Property Regularizing Clarifying and Harmonizing the Applicable Statutory Provisions approved by Royal Legislative Decree No 1 1996 of April 12 1996 and amended up to Royal Decree Law No 26 2020 of July 7 2020 WIPO Lex in Spanish Retrieved September 28 2021 Las obras situadas permanentemente en parques calles plazas u otras vias publicas pueden ser reproducidas distribuidas y comunicadas libremente por medio de pinturas dibujos fotografias y procedimientos audiovisuales Architecture amp copyright controversies WIPO Magazine September 2011 Retrieved October 27 2022 Falkvinge Rick April 4 2016 Supreme Court Wikimedia violates copyright by posting its own photos of public taxpayer funded art Privacy Online News Los Angeles CA USA Archived from the original on April 4 2016 Retrieved September 8 2016 Wikimedia Sweden art map violated copyright BBC News April 5 2016 Archived from the original on September 23 2016 Retrieved September 9 2016 Paulson Michelle April 4 2016 A strike against freedom of panorama Swedish court rules against Wikimedia Sverige Wikimedia Foundation blog Archived from the original on September 21 2016 Retrieved September 9 2016 a b c d Bildupphovsratt i Sverige ek for v Wikimedia Svierge Supreme Court of Sweden 04 04 2016 Text Wikimedia Sweden loses case as court rules against free access to public art online July 25 2017 Kazakhstan Zakon Respubliki Kazahstan 6 I ot 10 06 1996 g Ob avtorskom prave i smezhnyh pravah s izmeneniyami vnesennymi Zakonom Respubliki Kazahstan 161 VI ot 20 06 2018 g WIPO Lex in Russian Retrieved May 14 2021 Eugene Stuart Eduardo Fano Linda Scales Gerda Leonaviciene Anna Lazareva July 2010 Intellectual Property Law and Policy Law approximation to EU standards in the Republic of Moldova PDF IBF International Consulting DMI IRZ Nomisma INCOM Institute of Public Policy Archived from the original PDF on June 30 2015 Retrieved June 29 2015 Legislation National Assembly of RA in Armenian parliament am Archived from the original on July 1 2015 Retrieved June 28 2015 O vnesenii izmenenij v chasti pervuyu vtoruyu i chetvertuyu Grazhdanskogo kodeksa Rossijskoj Federacii i otdelnye zakonodatelnye akty Rossijskoj Federacii Statya 3 ctranica 2 State Duma in Russian March 5 2014 Archived from the original on June 30 2015 Retrieved June 29 2015 LEY DE DERECHO DE AUTOR Y DERECHOS CONEXOS Y SUS REFORMAS DECRETO NO 33 98 PDF Ministerio de Economia in Spanish Retrieved November 22 2022 ARTICULO 64 40 Respecto de las obras ya divulgadas tambien es permitida sin autorizacion del autor ademas de lo dispuesto en el articulo 32 d La reproduccion para uso personal de una obra de arte expuesta en forma permanente en lugares publicos o en la fachada exterior de edificios ejecutada por medio de un arte que sea distinto al empleado para la elaboracion del original siempre que se indique el nombre del autor si se conociere asi como el titulo de la obra si lo tiene y el lugar donde se encuentra Honduras Ley del Derecho de Autor y de los Derechos Conexos aprobada por Decreto Nº 4 99 E y segun modificada por el Decreto N 16 2006 PDF WIPO Lex in Spanish Retrieved November 22 2022 ARTICULO 52 Es licita para uso personal la reproduccion de una obra de arte expuesta permanentemente en las calles plazas u otros lugares publicos por medio de un arte diverso al empleado para la elaboracion del original Respecto de los edificios dicha facultad se limita a la fachada exterior TEXTO CONSOLIDADO LEY DE DERECHO DE AUTOR Y DERECHOS CONEXOS Asamblea Nacional de la Republica de Nicaragua in Spanish Retrieved November 22 2022 Articulo 43 Las obras situadas permanentemente en parques calles plazas u otras vias publicas pueden ser reproducidas sin autorizacion del autor por medio de la pintura el dibujo la fotografia y las grabaciones audiovisuales para uso personal En cuanto a las obras de arquitectura el articulo anterior solo se aplicara a su aspecto exterior Ley sobre Derechos de Autor y Derechos Conexos N 6683 Sistema Costarricense de Informacion Juridica in Spanish Retrieved November 22 2022 Articulo 71 Es licita la reproduccion fotografica o por otros procesos pictoricos cuando esta reproduccion sea sin fines comerciales de las estatuas monumentos y otras obras de arte protegidas por derechos de autor adquiridos por el poder publico expuestos en las calles los jardines y los museos El Salvador Ley de Propiedad Intelectual modificada por el Decreto Legislativo N 611 de 15 de febrero de 2017 PDF WIPO Lex in Spanish Retrieved November 22 2022 Art 45 Respecto de las obras ya divulgadas licitamente es permitida sin autorizacion del autor ni remuneracion f La reproduccion de una obra de arte expuesta permanentemente en las calles plazas u otros lugares publicos por medio de un arte diverso al empleado para la elaboracion del original Respecto de los edificios dicha facultad se limita a la fachada exterior Ley 64 de 10 de Octubre de 2012 Sobre Derecho de Autor y Derechos Conexos Cerlalc in Spanish Retrieved November 22 2022 Articulo 69 Tambien en relacion con las obras ya divulgadas licitamente se permite sin autorizacion del autor 3 La reproduccion emision por radiodifusion o transmision publica por cable de la imagen de una obra arquitectonica de una obra de las bellas artes de una obra fotografica o de una obra de artes aplicadas que se encuentre situada en forma permanente en un lugar abierto al publico Respecto a los edificios esta facultad se limita a la fachada exterior COPYRIGHT ACT CHAPTER 252 REVISED EDITION 2000 PDF BELIPO Retrieved November 22 2022 ORGANISATION AFRICAINE DE LA PROPRIETE INTELLECTUELLE OAPI ACCORD DE BANGUI INSTITUANT UNE ORGANISATION AFRICAINE DE LA PROPRIETE INTELLECTUELLE ACTE DU 14 DECEMBRE 2015 PDF in French p 153 Retrieved January 2 2023 a b Copyright Act 1968 Cth Street Art amp Copyright Information Sheet G124v01 Australian Copyright Council September 2014 Archived from the original on March 22 2016 Retrieved May 8 2016 Street photographer s rights Arts Law Information Sheet Arts Law Centre of Australia Archived from the original on June 30 2014 Retrieved May 8 2016 Photographers amp Copyright PDF 17 ed Australian Copyright Council January 2014 p 7 Archived PDF from the original on July 2 2014 Retrieved October 28 2014 You will generally need permission to photograph other public art such as murals Brazil Lei n 9 610 de 19 de fevereiro de 1998 Lei dos Direitos Autorais e dos Direitos Conexos alterada pela Medida Provisoria n 907 de 26 de novembro de 2019 PDF WIPO Lex in Portuguese Retrieved May 11 2021 China 2010年2月26日 中华人民共和国著作权法 根据中华人民共和国主席令第26号2020年11月11日全国人民代表大会常务委员会 关于修改 中华人民共和国著作权法 的决定 修正 PDF WIPO Lex in Chinese Retrieved July 7 2021 中華人民共和國香港特別行政區基本法 PDF 基本法 in Chinese Hong Kong 香港特別行政區政府政制及內地事務局 March 2015 Archived from the original PDF on November 17 2015 Retrieved October 28 2016 中華人民共和國澳門特別行政區基本法 澳門特別行政區政府印務局 in Chinese Macau December 20 1999 Archived from the original on April 26 2016 Retrieved October 28 2016 Hong Kong China Copyright Ordinance Chapter 528 consolidated version of May 27 2016 WIPO Lex Retrieved May 9 2021 Macao China Decreto Lei n 43 99 M de 16 de Agosto de 1999 de Direito de Autor e dos Direitos Conexos alterada pela Lei n º 5 2012 de 10 de abril de 2012 WIPO Lex in Portuguese Retrieved May 9 2021 Democratic Republic of the Congo Ordinance Law No 86 033 of April 5 1986 on the Protection of Copyright and Neighboring Rights PDF WIPO Lex Retrieved May 12 2021 Iceland Hofundalog nr 73 1972 fra 29 mai 1972 eins og henni var siast breytt med logum nr 88 2019 fra 27 juni 2019 PDF WIPO Lex in Icelandic Retrieved May 12 2021 India Copyright Act 1957 Act No 14 of 1957 as amended up to Act No 27 of 2012 PDF WIPO Lex Retrieved May 10 2021 Ramakrishnan J The Daily Calendar Supplying vs The United Concern on 16 January 1964 Indian Kanoon Retrieved December 27 2021 Israel Copyright Act 2007 as amended on July 28 2011 PDF WIPO Lex Retrieved May 10 2021 Copyright Law of Japan Copyright Research and Information Center Retrieved February 17 2022 著作権法 法令データ提供システム in Japanese May 27 2008 Archived from the original on October 28 2016 Retrieved October 29 2016 著作権侵害差止等請求事件 PDF 裁判所 in Japanese 大阪地方裁判所 July 8 2003 p 12 Archived from the original PDF on October 29 2016 Retrieved October 29 2016 著作権法により 建築の著作物 として保護される建築物は 同法２条１項１号の定める著作物の定義に照らして 美的な表現における創作性を有するものであることを要することは当然である したがって 通常のありふれた建築物は 著作権法で保護される 建築の著作物 には当たらないというべきある 建築に関する著作物について 村田法律事務所 in Japanese Archived from the original on September 1 2009 Retrieved October 29 2016 著作物とは 虎ノ門法律特許事務所著作権法相談室 in Japanese Archived from the original on October 29 2016 Retrieved October 29 2016 岡本太郎の 太陽の塔 などは 一般的には建築の著作物ではなく 美術の著作物であると言えます Law on the Protection of Literary and Artistic Property No 75 of April 3 1999 PDF Saba amp Co Intellectual Property Retrieved November 23 2022 a b Malaysia Copyright Act 1987 Act 332 as at 1 January 2006 WIPO Lex Retrieved May 10 2021 Mexico Ley Federal del Derecho de Autor texto refundido publicado en el Diario Oficial de la Federacion el 01 de julio de 2020 WIPO Lex in Spanish Retrieved July 12 2021 Articulo 148 Las obras literarias y artisticas ya divulgadas podran utilizarse siempre que no se afecte la explotacion normal de la obra sin autorizacion del titular del derecho patrimonial y sin remuneracion citando invariablemente la fuente y sin alterar la obra solo en los siguientes casos VII Reproduccion comunicacion y distribucion por medio de dibujos pinturas fotografias y procedimientos audiovisuales de las obras que sean visibles desde lugares publicos Morocco Loi n 2 00 relative aux droits d auteur et droits voisins promulguee par le Dahir n 1 00 20 du 9 kaada 1420 15 fevrier 2000 telle que modifiee jusqu a la loi n 79 12 WIPO Lex in French Retrieved May 10 2021 CA Rabat 12 decembre 1955 jurisprudence reproduite page 131 de revue Le Droit D auteur de l OMPI PDF in French Copyright and Neighbouring Rights Protection Act 1994 Act 6 of 1994 PDF Namibia Legal Information Institute Retrieved September 14 2022 Dickison Mike White Bruce July 9 2020 Yes street art is on public display but that doesn t mean we should share it without credit The Conversation Retrieved March 18 2021 Cook Charlotte December 30 2019 Artist Xoe Hall outraged over work featured on calendar s cover Radio New Zealand Retrieved March 18 2021 Nigeria Copyright Act Chapter C 28 as codified 2004 PDF WIPO Lex Retrieved October 10 2021 Norway LOV 2018 06 15 40 Lov om opphavsrett til andsverk m v andsverkloven konsolidert versjon av 20 desember 2018 WIPO Lex in Norwegian Retrieved December 23 2021 Pakistan The Copyright Ordinance 1962 Act No XXXIV PDF WIPO Lex Retrieved December 23 2021 Republic Act No 8293 Intellectual Property Code of the Philippines Official Gazette of the Philippine Government June 6 1997 House Bill No 2672 PDF House of Representatives of the Philippines July 28 2022 Reyes Mary Ann LL August 28 2022 Stronger IP rights The Philippine Star Retrieved September 4 2022 Singapore Copyright Act Chapter 63 Revised Edition 2006 as amended up to the Supreme Court of Judicature Amendment Act 2019 WIPO Lex Retrieved May 9 2021 South Africa Copyright Act 1978 Act No 98 of 1978 as amended up to Copyright Amendment Act 2002 PDF WIPO Lex Retrieved May 12 2021 Republic of Korea Copyright Act Act No 432 of January 28 1957 as amended up to Act No 8101 of June 29 2007 WIPO Lex Archived from the original on May 9 2021 Retrieved May 9 2021 Seoul Central District Court Decision of 12 September 2007 2006GaDan208142 서울중앙지방법원 2007 9 12 선고 2006가단208142 판결 2008년 분야별 중요판례분석 21 지적재산권 Beomnyul Sinmun 법률신문 in Korean August 6 2009 Retrieved July 12 2021 INTELLECTUAL PROPERTY ACT No 36 OF 2003 PDF National Intellectual Property Office Retrieved July 13 2022 Sri Lanka Code of Intellectual Property Act No 52 of 1979 as amended by Act No 30 of 1980 No 2 of 1983 No 17 of 1990 No 13 of 1997 and No 40 of 2000 PDF WIPO Lex Retrieved July 13 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Copinger and Skone James on Copyright Vol 1 17th ed Sweet amp Maxwell 2016 paragraph 9 266 Copinger and Skone James on Copyright Vol 1 17th ed Sweet amp Maxwell 2016 paragraph 3 129 Hensher v Restawile 1976 AC 64 University of Cambridge Centre for Intellectual Property and Information Law Sculpture and works of artistic craftmanship on public display DACS Retrieved November 27 2020 Lydiate Henry 1991 Advertising and marketing art Copyright confusion Artquest Archived from the original on April 27 2006 17 U S Code 120 Scope of exclusive rights in architectural works Archived from the original on April 19 2016 Retrieved April 4 2016 17 U S Code 101 Archived from the original on April 30 2016 Retrieved April 8 2016 37 CFR 202 11 b Archived from the original on March 7 2016 Retrieved April 8 2016 a b Gaylord v United States 595 F 3d 1364 Fed Cir 2010 PDF U S Copyright Office Fair Use Index U S Copyright Office Retrieved February 6 2021 The appellate court held weighed against a fair use finding D Ambrosio Dan September 20 2013 Korea memorial sculptor wins copyright case USA Today Retrieved December 21 2020 Rein Lisa February 10 2015 Court upholds 540 000 judgment against USPS for Korean War stamp Washington Post Retrieved December 21 2020 Moore Kimberly Ann May 14 2012 Gaylord v United States 678 F 3d 1339 Fed Cir 2012 CourtListener Free Law Project Retrieved February 6 2021 remand for a determination of the market value of the Postal Service s infringing use Gaylord v U S Finnegan Henderson Farabow Garrett amp Dunner LLP Archived from the original on January 21 2021 Retrieved December 21 2020 Wheeler Thomas C September 20 2013 FRANK GAYLORD v UNITED STATES No 06 539C PDF United States Court of Federal Claims Retrieved February 6 2021 a b The United States v Davidson Copyright infringement of a Replica Statue of Liberty Copyright for creative copycats Infusion Lawyers Retrieved February 24 2021 Allen Jonathan April 18 2011 Statue of Liberty postage stamp shows Las Vegas Reuters Retrieved April 14 2022 a b Bowerman Mary McCoy Kevin April 12 2017 Charging Bull artist says Fearless Girl violated his rights USA Today Retrieved February 24 2021 Kennedy Randy September 23 2006 Arts Briefly Sculptor Files Lawsuit Against Wal Mart New York Times Retrieved March 3 2021 Suit Alleges Illegal Use of Charging Bull Image Los Angeles Times September 22 2006 Retrieved March 3 2021 Artist sues Random House in NYC over book cover Auction Central News August 4 2009 Retrieved March 3 2021 Cushing Tim September 12 2014 Sculptor Says Capitalism Drives His Aggressive Enforcement Of Rights To Publicly Funded Portlandia Statue Techdirt Retrieved March 5 2021 Locanthi John September 9 2014 So Sue Us Why the Portlandia Statue Failed to Become an Icon Willamette Week Retrieved March 5 2021 Kleiman Kelly March 30 2005 Who owns public art Christian Science Monitor Retrieved April 2 2021 Duron Maximi Liano June 19 2018 Anish Kapoor Sues NRA for Copyright Infringement of Bean Sculpture ARTnews Retrieved April 2 2021 Associated Press December 10 2018 NRA Settles Lawsuit with The Bean Artist WTTW Retrieved April 2 2021 Luật Sở hữu tri tuệ sửa đổi 2022 in Vietnamese Retrieved October 18 2022 See e g Lydiate a b Rehbinder Manfred 2000 Schweizerisches Urheberrecht 3rd ed Berne Stampfli Verlag p 158 ISBN 3 7272 0923 2 See also 27 URG Switzerland Retrieved May 18 2020 Dix Bruno February 21 2002 Christo und der verhullte Reichstag Archived from the original on July 22 2002 Retrieved May 18 2020 Decision of the German Federal Court in favour of the Stiftung Preussische Schlosser und Garten December 17 2010 Juris bundesgerichtshof de December 17 2010 Archived from the original on October 14 2013 Retrieved July 20 2012 See e g for Russia Elst Michiel 2005 Copyright Freedom of Speech and Cultural Policy in the Russian Federation Leiden Boston Martinus Nijhoff p 432f ISBN 90 04 14087 5 Lydiate Henry Advertising and marketing art Copyright confusion Artquest Archived from the original on October 27 2011 Retrieved May 18 2020 See also Section 62 of the Copyright Designs and Patents Act 1988 Office of Public Sector Information Archived from the original on December 10 2009 Retrieved May 18 2020 Elst p 432 footnote 268 Also see article 1276 of part IV of the Civil Code Archived 2012 06 07 at the Wayback Machine in force as of January 1 2008 clarifying this External links Edit Wikimedia Commons has media related to Freedom of panorama Photographing public buildings from the American Society of Media Photographers Millennium Park Photography The Official Scoop The Chicagoist February 17 2005 MacPherson Linda Photographer s Rights in the UK Newell Bryce Clayton 2011 Freedom of Panorama A Comparative Look at International Restrictions on Public Photography Creighton Law Review 44 405 427 Archived from the original on December 2 2012 Retrieved from https en wikipedia org w index php title Freedom of panorama amp oldid 1132966107, wikipedia, wiki, book, 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