Commons:Freedom of panorama: Difference between revisions

Shortcut: [[:]] Freedom of panorama is the term used on Commons for the concept known in German copyright law as Panoramafreiheit, namely a rule that allows for photographs to be freely taken of buildings permanently located in a public place, even buildings that (as works of architecture) may still be in copyright. Typically, the owner of such copyright would be the architect. Many but not all countries include such a rule in their copyright law, and allow photographs taken under the freedom to be published and used without infringing the architect's copyright. Some countries restrict the freedom to photographs of the exterior of buildings, whereas others extend the freedom to internal shots as well, and to sculptures and other works of art that are permanently located in a public place. In a few countries, 2D works are covered including plaques and notices permanently located in a public place.

Legal status

Buildings and sculptures as works of art

Collegium Stomatologicum w Poznaniu, the author of the work depicted on the photograph is Grzegorz Sadowski.

Every building and sculpture we can see in our neighbourhood is subject to the copyright law, as far as it incorporates artistic creativity. The Berne convention, art.2-1 explicitly states so: "The expression "literary and artistic works" shall include [...] works of drawing, painting, architecture, sculpture, engraving and lithography".

Usually, the copyright law acts mention such an object explicitly as their subject matter. This is reproduced in national laws (for instance the US Copyright Law in §102-8).

The legal status of pictures

The Berne convention Article 9 explicitly states that:

1. Authors of literary and artistic works protected by this Convention shall have the exclusive right of authorizing the reproduction of these works, in any manner or form.
2. It shall be a matter for legislation in the countries of the Union to permit the reproduction of such works in certain special cases, provided that such reproduction does not conflict with a normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author.
3. Any sound or visual recording shall be considered as a reproduction for the purposes of this Convention.

This has been reproduced for instance in §106 of the US Copyright Law, and corresponding national laws. According to copyright laws, then:

Taking pictures of buildings is a reproduction, which must theoretically be authorized by the architect if the right to reproduction is not in the national copyright law.

This is the situation for any derivative work based on any artistic creation.

Photographs of buildings

A photograph of a building or even any scene in a city or a village inevitably depicts some pieces of architecture or even sculptures. The photograph may or may not have its own creative element, making it a work of its own, but the value of this work clearly depends on the value in the works that are depicted on it. In case of such a dependency the photograph is deemed to be a derivative work.

This restriction on building photographs is often weakened by a separate clause for photographs or pictures of buildings in public places. However, this clause is not always made explicit in national laws.

Uploading images covered under Freedom of Panorama to the Commons

When uploading images subject to Freedom of Panorama provisions to the Commons, please tag them with the {{FOP}} template, which contains a legal disclaimer on the copyright status of the work, and sorts the image into a category of images subject to these provisions. If the country the image is taken in does not have these provisions, or only allows them for non-commercial purposes, they cannot be licensed under a license compatible with our Licensing policy and must be deleted. Use {{Fop-cv}} to mark these images.

Nuances in the panorama freedom

We will discuss here the case of the German legislation. Here is the content of §59 of the German Copyright Law (Urheberrechtsgesetz, UrhG):

1. It shall be permissible to reproduce, by painting, drawing, photography or cinematography, works which are permanently located on public ways, streets or places and to distribute and publicly communicate such copies. For works of architecture, this provision shall be applicable only to the external appearance.
2. Reproductions may not be carried out on a work of architecture.

Quoted from an English translation.

Publishing of reproductions

The article above allows to reproduce and publish photographs taken in public places. It is understood that this includes publishing the pictures in a commercial way.

Public places

German law allows photographers to take pictures that are visible from publicly accessible places. This includes private ways and parks with common access. However, it does not include railway station buildings or platforms. The picture must be taken from a publicly accessible point. It is not allowed to take a picture of such a building from a private house or from a helicopter.

In other countries, these restrictions are sometimes less stringent. For instance, the Austrian, British, Mexican and Indian law allows taking pictures of publicly accessible interiors.

Permanent vs temporary

The exhibited objects must be exhibited in a permanent way. If a work is presented on a public place temporarily, one may be obliged to get the explicit permission to take its picture.

Whether a work is installed at a public place permanently or not is not a question of absolute time, but a question of what the intention was when the work was placed there. If it was put there with the intention of leaving it in the public place indefinitely or at least for the whole natural lifetime of the work, then it is "permanent".

A sculpture is typically placed with the intent of leaving it for an indefinite time. But if it was clear from the beginning that it would be left there only, say, for three years and then be moved to a museum, then the placement was not "permanent". On the other hand, if a sculpture was placed with the intent of leaving it "open end", but is then removed due to new construction plans some time later, its placement remains "permanent" even if the sculpture is eventually removed.

Even quickly decaying works can thus be "permanent" and therefore be subject to freedom of panorama. Street paintings, ice, sand, or snow sculptures rarely last more than a few days or weeks. If they're left in public space for their natural lifetime, they are considered "permanent" all the same. But if, for instance, an ice sculpture is exhibited only for a few hours and then moved to cold storage, it may not be permanently placed.

Architecture vs sculptures

The German law allows photography of both buildings and sculptures. The situation in the United States is different. See below.

Music, literature etc.

Sometimes, a literary work is a part of a sculpture or is presented on a publicly accessible plaque. It is usually understood that the particular presentation of the work falls under the panorama freedom.

Acknowledgment of source

The copyright law usually obliges the photographer to give credits of his photograph. That usually means that he must provide a description of the depicted objects and its authors. However, he can be exempted from the obligation when the authorship is difficult to deduce. For instance, German copyright law says in §62 that the photographer needs not provide the credits if they are not clearly present on the object that is depicted.

The right to modify

The panorama freedom is restricted to taking pictures of the actual objects. Generally, the freedom to modify such pictures is restricted. For example, the German law in §62 forbids any modifications except those technically required by the method of replication.

Further derivative works

A derivative work based on a photograph is most often also a derivative work based on the depicted object. The panorama freedom usually does not include the delegation of the right to authorize the derivative works. The author of a photograph has the right to authorize the derivative work based on the photograph only to the extent that results from the creative element of his work. However, he does not have the right to authorize the derivative work in the extent associated with the original object.

Pictures of public domain objects

Public domain objects are not protected by copyright, so objects of this kind can be freely photographed and the pictures can be published both royalty free and commercially, at least so far as copyright law is concerned (there may be contractual or other restrictions on picture-taking, though, especially on private property). Moreover, pictures of public domain objects can be freely modified and derivative works can be freely developed. For example, old buildings and statues where the architect or artist died more than a certain number of years ago (depending on the country), are in the public domain.

Situation in different countries

This section presents more detailed accounts of the legal situation of panorama freedom in different countries and regions. Again, this is not a legal advice, but just a presentation for educational purposes.

If you want to contribute, please consider the following guidelines:

• Try to make the description as comprehensive as possible
• Don't forget that sometimes small formulation nuances have big impact
• Add reference to particular articles in the copyright law
• Provide a link to the copyright law in the original language, if possible
• Provide a link to the copyright law in English, if possible
• Provide links to web pages which discuss panorama freedom issues in given country or region

Andean Community of Nations (Bolivia, Colombia, Ecuador and Peru)

OK Decision 351 of the Andean Community of Nations provides for FOP as follows:

• "Artículo 22.- Sin perjuicio de lo dispuesto en el Capítulo V y en el artículo anterior, será lícito realizar, sin autorización del autor y sin el pago de remuneración alguna, los siguientes actos:...h) Realizar la reproducción, emisión por radiodifusión o transmisión pública por cable, de la imagen de una obra arquitectónica, de una obra de bellas artes, de una obra fotográfica o de una obra de artes aplicadas, que se encuentre situada en forma permanente en un lugar abierto al público" (translation):
• "Article 22.- Without prejudice to that put forth in the Chapter 5 and in the previous article, it will be legal to realize, without authorization from the author and without the payment of any remuneration, the following acts:...h) Realizing the the reproduction, emitting by radio diffusion or public transmission by cable, of the image of an architectural work, of a work of fine arts, of a photographic work or of a work of applied art, that is found situated in permanent form in a place open to the public".
• [1]

Former Soviet Union

 Not OK Most of the successor nations of the Soviet Union have identical provisions on freedom of panorama and restrict it to non-commercial uses only. The legal information for the member state is available at the web page of the Coalition for Intellectual Property Rights.

Note: The three Baltic states Estonia, Latvia, and Lithuania (that have never been member of CIS but only of the former USSR before their independence) also have similar provisions in their copyright laws.

Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan and Uzbekistan

All these countries' laws only allow this limited form of freedom of panorama: images of architectural works, photographic works, or works of fine art (which includes sculptures and statues) that are permanently located in publicly accessible places may be published only if the depicted copyrighted base work is not the main subject of the image and the image is for non-commercial purposes.

• Copyright law of Armenia, §16
• Copyright law of Azerbaijan, §20
• Copyright law of Belarus, §19
• Copyright law of Georgia, §24
• Copyright law of Kazakhstan (1996), §21
• Copyright law of Kyrgyzstan, §21
• Copyright law of Moldova, §22(1)(f)
• Copyright law of Russia of 1993, with amendments up to 2004, §21
  • Since January 1, 2008 Fourth Part of Civil Code of Russian Federation, §1276
• Copyright law of Tajikistan, §21.1 (Russian translation)
• Civil Code of Turkmenistan, §1088 (Russian translation)
• Copyright law of Uzbekistan, §30

Ukraine

 Not OK

Ukrainian copyright law does not contain a general exception for reproductions of works in public places. Architectural works (plans, models, and actual buildings, §8(1)(9) and §8(1)(12)) as well as a statues and sculptures (§8(1)(8); definition of "work of fine art" in §1) are objects of copyright. The author holds—amongst other rights—the exclusive rights to reproduction, public display, and communication to the public (§15). Architectural and sculptural works are in no way treated differently than other kinds of works in Ukrainian law.

It is claimed[2], though, that article 21(4) of the Ukrainian law on copyright and related rights implied some kind of "freedom of panorama": "...it shall be permitted without the consent of the author (or other copyright holder) and with mandatory indication of the author's name and of the source of borrowing: ... to reproduce, in order to highlight current events by means of photography or cinematography, to carry out public notification or other public communication of the works seen or heard in the course of such events to the extent justified by the informational purpose."This, however, is limited to "informational purposes" and to "current events". It is not general freedom of panorama but a "fair use"-like provision for news reporting.

• The Law of Ukraine on Copyright and Related Rights (ukr)
• Ukrainian copyright law of August 2001

Commonwealth

Australia

{{FoP-Australia}}

OK Freedom of Panorama is dealt with in the Australian Copyright Act, sections 65–68. These sections allow photographers to take pictures of buildings or models of buildings. Pictures of sculptures and "works of artistic craftsmanship" are also allowed provided that they are permanently located in a public place or in premises open to the public. It is also permitted to publish such pictures (section 68). Australian law is modelled on UK law, and in the absence of any specific case law to the contrary is reasonable to assume that the rules will be identical. See the United Kingdom section for more details.

For “Work of artistic craftsmanship” under Australian law, see this article.

• Australian Copyright Act
• A note on the copyright law in Australia that concerns photographers

Canada

{{FoP-Canada}}

OK Under Section 32.2 (1)(b) of the Canadian Copyright Act 1985 (PDF, 786 kB), it is not an infringement of copyright for any person to reproduce, in a painting, drawing, engraving, photograph or cinematographic work … "(i) an architectural work (defined as "a building or structure or any model of a building or structure"); 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".

Canadian law was originally derived from UK concepts and some of the United Kingdom section may therefore be of relevance., in particular the restricted legal meaning of "work of artistic craftsmanship". Some non-sculptural works can qualify for Canadian FOP under this clause, such as Body Shop Yonge.jpg for example. The freedom provided by the quoted section does not apply to typical two-dimensional works such as paintings, murals, advertising hoardings, maps, posters or signs. These cannot be uploaded to Commons without a licence from the copyright holder even if they are permanently located in a public place, unless they are in the Public Domain.

Ghana

Probably not OK

Article 19(1)(f) of this online version of Copyrights Act, 2005 restricted panorama freedom to cinema or television or in a broadcast by television.

Guernsey

OK

According to the Copyright (Bailiwick of Guernsey) Ordinance 2005[3]:

Representation of certain artistic works on public display.

82. (l) This section applies to -

(a) buildings, and

(b) sculptures, models for buildings and works of artistic craftsmanship, if permanently situated in a public place or in premises open to the public.

(2) The copyright in any of those works is not infringed by -

(a) making a graphic work representing it

(b) making a photograph or film of it, or

(c) making a broadcast of a visual image of it.

(3) Nor is the copyright infringed by the issue to the public of copies, or the communication to the public, of anything whose making was, by virtue of this section, not an infringement of the copyright.

The extent of law covers the whole Bailiwick, and therefore covers Guernsey, Sark, and Alderney (and for the avoidance of doubt, Herm, Jethou, Brecqhou, Burhou and any other territories of the Bailiwick)

India

OK According to the Indian Copyright Act of 1957, Section 52, as currently revised:

52. Certain acts not to be infringement of copyright—(1) The following acts shall not constitute an infringement of copyright, namely:

...

(s) the making or publishing of a painting, drawing, engraving or photograph of a work of architecture or the display of a work of architecture;'

(t) the making or publishing of a painting, drawing, engraving or photograph of a sculpture, or other artistic work failing under sub-clause (iii) of clause (c) of section 2 ["any other work of artistic craftsmanship"], if such work is permanently situate in a public place or any premises to which the public has access;

(u) the inclusion in a cinematograph film of-

(i) any artistic work permanently situate in a public place or any premises to which the public has access;

Indian law is modelled on UK law, and in the absence of any specific case law to the contrary it is reasonable to assume that the rules will be similar. See the United Kingdom section for more details.

• Indian Copyright Act of 1957

Jamaica

OK Copyright legislation in Jamaica follows closely that of the United Kingdom, in particular §73, dealing with freedom of panorama, is identical to section 62 of the Copyright, Designs and patents Act of the United Kingdom.

• Jamaican copyright act

Kenya

OK Kenyan copyright law §7(1)(c) states that copyright on artistic works "does not include the right to control reproduction and distribution of copies, or the inclusion in a film or broadcast, of an artistic work situated in a place where it can be viewed by the public." Unlike other freedom of panorama laws, this one however does not restrict it to only works permanently located in a public place, as is the case in most countries.

Namibia

not OK

Unauthorised inclusion of works permanently situated in a street, square or a similar public place is restricted to films, television, and transmission in a diffusion service, and the inclusion must be merely by way of background or incidental. copyrights act 1994 §18.

New Zealand

OK Copyright legislation in New Zealand also follows that of the United Kingdom. In the absence of any specific case law to the contrary it is reasonable to assume that the rules will be identical. See the United Kingdom section for more details.

• §73 of the Copyright Act of 1994 of New Zealand

Singapore

{{FoP-Singapore}}

OK In Singapore, copyright in sculptures and other works of artistic craftsmanship "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" according to section 63 of the Copyright Act. Section 64 allows for reproducing a building or model of a building by "painting, drawing, engraving or photograph of the building or model or by the inclusion of the building or model in a cinematograph film", with no restriction on location.

For the meaning of the term works of artistic craftsmanship, see the commentary under "United Kingdom" below.

• Singapore's Copyright Act, sections 63 and 64

South Africa

not OK South African copyright law § 15 (3) states that "The copyright in an artistic work shall not be infringed by its reproduction or inclusion in a cinematograph film or a television broadcast or transmission in a diffusion service, if such work is permanently situated in a street, square or a similar public place."

A diffusion service is defined 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 diffusion shall not be deemed to constitute a performance or a broadcast or as causing sounds, images, signs or signals to be seen or heard; 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." However, since it does not adequately mention photographs, it is unknown if photographs of artistic works are an infringement or not.

United Kingdom

{{FoP-UK}}

OK (for 3D works, not always for 2D) Section 62 of the UK Copyright, Designs and Patents Act 1988 is much broader than the corresponding provisions in many other countries, and allows photographers to take pictures of

• buildings, and
• sculptures, models for buildings and works of artistic craftsmanship (if permanently situated in a public place or in premises open to the public).

without breaching copyright. Such photographs may be published in any way.

Note that under UK law, works of artistic craftsmanship fall into a different copyright category from graphic works such as paintings, photographs, drawings and the like. The freedom provided by Section 62 does not apply to graphic works (which will typically be two-dimensional) such as paintings, murals, advertising hoardings, maps, posters or signs. These cannot be uploaded to Commons without a licence from the copyright holder 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 one of the standard reference works on copyright, Copinger and Skoane James (15th edn, 2005), suggests that for a work to be considered as such the creator must be both a craftsman and an artist. Evidence of the intentions of the maker are relevant, and according to the House of Lords case of Hensher -v- Restawhile [1976] AC 64, 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 Hensher -v- Restawhile, 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. Copinger and Skoane James suggests that original jewellery is another candidate.

Other works 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 practical effect of the broad Freedom of Panorama provisions in the UK and in other countries with similar laws is that it is acceptable to upload to Commons not only photographs of public buildings and sculptures but also works of artistic craftsmanship which are on permanent public display in museums, galleries and exhibitions which are open to the public. According to Copinger and Skoane James, "The expression "open to the public" presumably extends the section to premises to which the public are admitted only on licence or on payment". Again, this is broader than 'public place' which is the wording in many countries.

• Section 62 of the Copyright, Designs and patents Act 1988
• Public Art online on Section 62.
• http://www.artquest.org.uk/artlaw/copyright/confusion.htm An article on copyright law in the UK from artquest.org.uk (April 27, 2006 copy from archive.org)

European Union

There is a European Parliament directive on the harmonisation of the copyright law 2001/29/EC which asserts in article 5 section 3 letter h that the copyright law of the member states may restrict the copyright rights for sculptures and buildings exposed in public places:

Member States may provide for exceptions or limitations to the rights provided for in Articles 2 and 3 in the following cases: (...) (h) use of works, such as works of architecture or sculpture, made to be located permanently in public places;

• w:Copyright Directive
• The text of the Directive 2001/29/EC of the European Parliament (as corrected)

Austria

OK "Freedom of panorama" in Austria is similar to Germany, but there are a few differences: it includes also the publicly accessible interiors of buildings, and the photo need not have been taken from a public place (c.f. Hundertwasserentscheidung). Also, the law limits the provision to works of the "bildende Künste" (fine arts, applied arts, photography, and architecture, see §3(1)).

• Austrian copyright law, §54(5)

Belgium

 Not OK There is no panorama freedom in Belgium. Modern pieces of art cannot be the central motive of a commercially available photograph without permission of the artwork copyright holder.

• The Belgian copyright act
• The Belgian copyright act
• The Belgian copyright act

Bulgaria

 Not OK Freedom of panorama is limited in Bulgaria to informational "or other non-commercial purposes". (Article 23(5) of the Bulgarian copyright law of 1993, with amendments up to 2000.)

Czech Republic

OK Pictures, drawings, paintings, movies, etc. displaying a work permanently located in any public place (incl. streets, places, parks etc.) may be distributed without the original work's author's consent. Phrase "permanently located" should be understood very strictly, thus the exception in law can be applied in principle only to architectural or sculptural works. Two-dimensional work can also be accepted if the condition of permanent location is fulfilled and if it is intended as an architectural supplement (e. g. painting permanently incorporated into building facade, street art). The name of the author and the title of the work should always be indicated. However, it is not allowed to make a three-dimensional reproduction of the work.

• Czech Copyright Act (Law No. 121/2000), Article 33
• Czech Copyright Act on Wikisource (Czech)
• Explanation report of Law No. 216/2006, amendment of Law No. 121/2000. Amendment changed § 33, added word "permanently". (Czech) – Sněmovní tisk č. 1111/0, část 1/3. Praha : Poslanecká sněmovna České republiky, 2005. Kapitola Důvodová zpráva, § 33.
• Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society., article 5 Exceptions and limitation, paragraph 3, letter h, page L 167/17.
• Interpretation of article 33 of Czech Copyright Act and examples of acceptable two-dimensional works: TELEC, Ivo, TŮMA, Pavel. Autorský zákon: Komentář. Praha : C. H. Beck, 2007. ISBN 978-80-7179-608-4. Chapter § 33, page 366.

Denmark

OK for buildings only The article 24 of the Danish copyright law permits panorama freedom for architecture. This, however, does not extend to the works of art that are located in public places. They cannot be commercially published when they constitute the central element of the picture.

• English translation

Estonia

 Not OK The §20 of Estonian copyright law allows reproduction of all kinds of creative works (including photographies) that are permanently displayed in public places, unless contact-copied. However, the works must not constitute the central motive of the picture and cannot be used for commercial purposes. This essentially means that the freedom of panorama in Estonia can be exploited non-commercially only.

• English translation
• Autoriõiguse seadus, § 20¹. Üldsusele külastamiseks avatud kohtades asuvate teoste kujutiste vaba kasutamine

Finland

OK for buildings only The article 25a of the Finnish copyright law permits panorama freedom for buildings, both exteriors and interiors, regardless of whether the place is public (laws of privacy do apply). This, however, does not extend to works of art (other than architecture), when they constitute the central element of the picture. Pictures of works of art permanently located in public places can be used non-commercially or as illustrations to texts in newspapers and periodicals. Published works of art may according to article 25 also be used e.g. as illustrations to scientific texts or criticism.

• Finnish law of copyright (8.7.1961/404) in Swedish (as amended; maintained by the ministry of law)
• Unofficial English translation of the law as of 1998 (substantial changes of 2005 are not included; articles 25 and 25a are reworded in the current law)

France

{{FoP-France}}

 Not OK There is no freedom of panorama in France, neither for sculptures, nor for buildings that pass the threshold of originality. A court recently (TGI Lyon, 4 avril 2001, Buren & a. c/ Tassin & a.) emphasized that "droit d'auteur unquestionably applies to the reproduction of artworks placed in public space" (« le droit d'auteur s'étend incontestablement à la reproduction de l'œuvre installée dans un espace public »). Concerning buildings, case law (CA Riom, 26 mai 1967) recognizes two criteria for originality: "a definite artistic character" (« un caractère artistique certain ») and the fact that it does not belong to a series. For instance, the architect of the Louvre Pyramid is entitled to claim copyright over representations of the Pyramid. This can extend to the designer of lighting systems; for instance, the company operating the Eiffel Tower claims copyright of images of the tower when lighted at night.

Case law traditionally admits an exception if the copyrighted artwork is "accessory compared to the main represented or handled subject" (CA Paris, 27 octobre 1992, Antenne 2 c/ société Spadem, « la représentation d'une œuvre située dans un lieu public n'est licite que lorsqu'elle est accessoire par rapport au sujet principal représenté ou traité »). Thus, ruling #567 of March 15, 2005 of the Court of Cassation denied the right of producers of works of art installed in a public plaza over photographs of the whole plaza:

Because the Court has noticed that, as it was shown in the incriminated images, the works of Mr X... and Z... blended into the architectural ensemble of the Terreaux plaza, of which it was a mere element, the appeals court correctly deduced that this presentation of the litigious work was accessory to the topic depicted, which was the representation of the plaza, so that the image did not constitute a communication of the litigious work to the public

Case law states that the said artwork must not be intentionally included as an element of the setting: its presence in the picture must be unavoidable (CA Versailles, 26 janvier 1998, Sté Movie box c/ Spadem et a.):

Can be considered as an illicit representation of a statue by Maillol, the broadcasting of a commercial in which it appears, as it was not included in a film sequence shot in a natural setting—which would explain the brief, and non-essential to the main subject, appearance of the sculpture, which is set in the Tuileries gardens—but used as an element of the setting (« Constitue une représentation illicite d'une statue de Maillol la diffusion d'un film publicitaire dans laquelle elle figure, alors qu'elle a été utilisée, non pas dans une séquence tournée en décor naturel, ce qui justifierait une apparition fugace de la sculpture, placée dans le jardin des Tuileries, totalement accessoire au sujet traité, mais comme un élément du décor. »).

• Copyrighting the Eiffel Tower
• French copyright act, covered in Book I
• Unofficial English translation

Related matter: ownership rights limited to protection of privacy only

While architects may have rights to works derived from their work of art, this is not the case of the owners of works of art or buildings, in general. The summary of the conclusions of a May 7, 2004 ruling by the Court of Cassation was:

The owner of a thing does not have an exclusive right over the image of this thing; he or she can however oppose the usage of this image by a third party if this usage results in an abnormal disturbance to him or her."

In this decision, the court excluded that the owner of a hotel, who had made extensive repairs and enhancements to the buildings at high costs, could claim exclusive rights to the image of that hotel: merely demonstrating that the costs supported did not demonstrate that the publishing of images was an abnormal disturbance.

The Court already ruled on June 5, 2003, that the right of property comprised absolutely no right to the image of this property. However, they also upheld the right to privacy of the homeowners: in this case, not only a photograph of a house was published (this is legal because the image of a property, as seen from the public domain, is not part of that property), but also its exact location and the name of the owners (attempt to privacy). Earlier rulings (May 2, 2001) similarly rejected requests based on ownership without a justification of an abnormal disturbance.

The other rights related to the image of the property are in fact those of the designer of that property, just like an artistic right protected under the exclusive right of authors and their related moral rights, but not under property right and rights of usage. This may mean that even the authorization by the property owner only is not enough to make the snapshot legal for use, but the property owner cannot oppose the publication and use of this image when it has been authorized by the designer/architect, provided that there's no damage for the owner's privacy (the exact location and owner name cannot be both cited along with the image, if this property owner is a physical person, without also asking for his permission).

Germany

OK It is possible by § 59 of the Urheberrechtsgesetz (the most comprehensive German copyright law act) to take pictures of works that are permanently located on public ways, streets or places and to distribute and publicly communicate such copies. For works of architecture, this provision is applicable only to the external appearance. Still, the right to modify the works and to produce derivative works requires the permission of the original copyright holder. (§ 62)
Germany's implementation is one of the most well-known implementations, known locally as Panoramafreiheit (which roughly translates to "panorama freedom", hence our usage of the term "freedom of panorama").

• Unofficial translation to English of the copyright law
• The original German text of the copyright law
• Article on the Grassofa case in www.fotorecht.de (German)
• An assignment in juristic studies with solution—photographies of university buildings
• Article in www.fotorecht.de on photography of buildings (German)
• Jurawiki on photography
• Article in JurPC about the history of the panorama freedom legislation

Greece

 Not OK According to §26 of the Greek Copyright Law as last amended in 2003, the "occasional reproduction and communication by the mass media" of images of works of architecture, works of the fine arts, photographs, and works of the applied arts is allowed for works permanently situated in a public place without the consent of the author of the work and without payment of any remuneration.

It is unclear what "occasional reproduction" means exactly. Furthermore, the provision appears to apply only to the "mass media", but not to other publishers.

The copyright ends 70 years after the author's death. After that, the government might claim some rights under certain conditions (see § 29).

• Consolidated Greek Copyright law of 1993, as last amended in 2003
• Consolidated Greek Copyright law of 1993, with amendments up to 1996

Hungary

OK According to article 68 of the Hungarian copyright law (1999/LXXVI), if a fine art, architectural or applied art creation is erected with a permanent character outdoors in a public place, a view of it may be made and used without the authorization of the author and paying remuneration to him.

• Unofficial translation to English of the Hungarian copyright law

Ireland

OK §93 of the Irish copyright law permits photographers to take pictures of sculptures, buildings, and works of artistic craftsmanship that are permanently located in a public place or premises open to the public, and to publish such pictures in any way. Irish law is in this respect modeled on UK law, and in the absence of any specific case law to the contrary it is reasonable to assume that the rules will be identical. See the United Kingdom section for more details.

• Copyright and Related Rights Act, 2000, Chapter 6, §93
• Irish copyright law

Italy

 Not OK The Italian copyright law does not contain any exception for pictures from public places.

• Italian copyright act (TGZ with PDF)
• Overview of the Italian copyright law at www.fipr.org

Latvia

 Not OK The Latvian copyright law in article 25 permits taking pictures of architectural works, photographs, visual arts, design works and the works of applied arts when displayed permanently in public places. The pictures can be used for personal purposes, in news concerning the current events, and can be included in works of non-commercial purpose.

• Unofficial English translation

Article 25 states (original):

25.pants. Publiski izstādīta darba izmantošana

(1) Publiskās vietās pastāvīgi izstādīta arhitektūras, fotogrāfijas, vizuālās mākslas, dizaina, kā arī lietišķās mākslas darba attēlojumu drīkst izmantot personiskai lietošanai, informācijā ziņu raidījumos vai aktuālo notikumu apskatos vai ietvert darbos nekomerciālā nolūkā.

(2) Šajā pantā minētais neattiecas uz gadījumiem, kad darba attēlojums ir objekts tālākai darba atkārtošanai, raidorganizācijām raidīšanai vai darba attēlu izmantošanai komerciālos nolūkos. (Ar grozījumiem, kas izdarīti ar 22.04.2004. un 06.12.2007. likumu, kas stājas spēkā 05.01.2008.)

Lithuania

 Not OK Limited freedom of panorama in Lithuania is granted by article 28 ("Limitations to Copyright in Works of Architecture and Sculptures") of the Law Amending the Law on Copyright and Related Rights. This allows a photographer to make and publish pictures of sculptures and works of architecture that are permanently located in public places (excluding works presented in museums and exhibitions). Unfortunately, the freedom is subject to a restriction which makes it useless for Commons: the reproduction cannot be used directly or indirectly for commercial purposes.

• Official English translation

Luxembourg

not OK The regulation is presented in the article 10 point 7. A copyright holder may not prevent "the reproduction and communication of [his or her] works located in a publicly accessible place, when such works do not constitute the primary subject of the reproduction or communication."

• Unofficial French coordinated text
• Official French text of the law as it was in 2001
• Official French text of the modification of the law in 2004

The Netherlands

{{FoP-Nederland}}

OK The article 18 of the Dutch copyright act says that: "it is not an infringement of copyright to reproduce and publish pictures of a work, as meant in article 10, first paragraph, under 6°[1] or of an architectural work as meant in article 10, first paragraph, under 8°[2], which are made to be permanently located in a public place, as long as the work is depicted as it is located in the public space. Where incorporation of a work in a compilation is concerned, not more than a few of the works of the same author may be included."

• [1] drawings, paintings, works of architecture and sculpture, lithographs, engravings and the likes
• [2] drafts, sketches and three-dimensional works relating to architecture, geography, topography or other sciences

Original (Dutch) text:
Als inbreuk op het auteursrecht op een werk als bedoeld in artikel 10, eerste lid, onder 6°, of op een werk, betrekkelijk tot de bouwkunde als bedoeld in artikel 10, eerste lid, onder 8°, dat is gemaakt om permanent in openbare plaatsen te worden geplaatst, wordt niet beschouwd de verveelvoudiging of openbaarmaking van afbeeldingen van het werk zoals het zich aldaar bevindt. Waar het betreft het overnemen in een compilatiewerk, mag van dezelfde maker niet meer worden overgenomen dan enkele van zijn werken.

• The Dutch copyright act as presented by Universiteit van Amsterdam
• Official English version of the copyright act from justitie.nl.

Poland

OK The copyright act from July 4, 1994 in article 33 point 1 allows to propagate works that are permanently exhibited on the publicly accessible roads, streets, squares or gardens provided that the propagation is not for the same use. The name of the creator and source should be provided if it is possible by article 34. This use is royalty free, provided that it does not harm the legitimate interests of the creator by article 34.

• An English translation of the copyright act at Wikisource
• The original text of the copyright act at Wikisource

Portugal

OK Portuguese copyright law allows the use of works permanently installed at public locations. The law explicitly mentions buildings and sculptures as examples of such works (§75(2)q). "Use" includes taking a photograph of such a work and publishing it (§68).

• Portuguese Copyright law, version of August 24, 2004.

Romania

not OK Per the Romanian copyright law of 1996, images of architectural works, of three-dimensional works of art, of photographic works or of works of applied art permanently located in public places may be published only for non-commercial uses or if the work is not the main subject of the image.

• Romanian copyright law, §33(1)(h).

Slovakia

OK According to section 27 of the Slovak copyright law, Slovakia has freedom of panorama. Works permanently located at public places may be freely reproduced by drawing, painting, graphics, relief picture or relief model, or by photography or film, and such reproductions may be freely published and sold without the consent of the original author.

• English translation of the Slovak copyright law as of 2004.
• Slovak copyright law

Spain

OK Article 35 of the Royal Legislative Decree 1/1996 of April 12, 1996, and amended by Law 5/1998 of March 6, 1998, states:

1. Any work liable to be seen or heard in the reporting of current events may be reproduced, distributed and communicated to the public, but only to the extent justified by the informatory purpose.
2. Works permanently located in parks or on streets, squares or other public thoroughfares may be freely reproduced, distributed and communicated by painting, drawing, photography and audiovisual processes.

Article 40bis further states the above law "may not be so interpreted that they could be applied in a manner capable of unreasonably prejudicing the legitimate interests of the author or adversely affecting the normal exploitation of the works to which they refer."

The original Spanish text:
El artículo 35 del Real Decreto Legislativo 1/1996 de 12 de abril de 1996, modificado por la ley 5/1998 del 6 de marzo de 1998, establece:

1. Cualquier obra susceptible de ser vista u oída con ocasión de informaciones sobre acontecimientos de la actualidad puede ser reproducida, distribuida y comunicada públicamente, si bien sólo en la medida que lo justifique dicha finalidad informativa.
2. Las obras situadas permanentemente en parques, calles, plazas u otras vías públicas pueden ser reproducidas, distribuidas y comunicadas libremente por medio de pinturas, dibujos, fotografías y procedimientos audiovisuales.

Artículo 40 bis. "Los artículos del presente capítulo no podrán interpretarse de manera tal que permitan su aplicación de forma que causen un perjuicio injustificado a los intereses legítimos del autor o que vayan en detrimento de la explotación normal de las obras a que se refieran".

• Royal Legislative Decree 1/1996
• Law 5/1998 amendment
• Consolidated text of the 1996 law and 1998 amendment (English)

Sweden

OK The Swedish copyright law allows in the article 24 to take pictures of works of art that are located permanently at public places outdoors. It is assumed that one can also publish the photograph for commercial purposes.

• The Swedish copyright act (Swedish)
• An article by a professional Swedish photographer
• English translation

Swedish copyright law explicitly requires that a work needs to be permanently ("stadigvarande") placed at a public place outdoors ("på eller vid allmän plats utomhus") to be covered by FOP. The law also explicitly states that buildings may be freely reproduced in pictorial form.

United Kingdom (*)

(*) See above under Commonwealth at #United Kingdom.

Asia

Cambodia

Not OK Unfortunately, it seems like FOP is only allowed for incidental inclusion.

• Copyright Law of Cambodia (English translation)

China, People's Republic of

{{FoP-China}}

OK The "Copyright Law of the People's Republic of China" (2001) Article 22, clause 10 states that:

[A] work may be exploited without the permission from, and without payment of remuneration to, the copyright owner, provided that the name of the author and the title of the work are mentioned and the other rights enjoyed by the copyright owner by virtue of this Law are not infringed upon...

in the case of:

copying, drawing, photographing, or video recording of an artistic work located or on display in an outdoor public place

• 中华人民共和国著作权法（2001修正
• Copyright Law of the People's Republic of China (2001)

The law above is quoted in {{FoP-China}}.

Hong Kong

OK According to the Copyright Ordinance of Hong Kong, it is not a copyright infringement to make graphic representations, take photographs, or broadcast the images of buildings, sculptures, models for buildings and works of artistic craftsmanship, if the object is permanently situated in a public place or in premises open to the public. Making public copies of these works is not a copyright infringement either.

Because Hong Kong was formally a territory of the United Kingdom until 1997, Hong Kong law is modelled on UK law, and in the absence of any specific case law to the contrary it is reasonable to assume that the rules will be similar. See the United Kingdom section for more details.

• Cap 528 Sect 71, Copyright Ordinance (in traditional Chinese)

Japan

{{FoP-Japan}}

OK for buildings/ Not OK for everything else.
Japanese copyright law allows the reproduction of artistic works located permanently in open places accessible to the public, such as streets and parks, or at places easily seen by the public, such as the outer walls of buildings, only for non-commercial purposes; therefore, such photographs are not free enough for Commons.

Architectural works (i.e., buildings) located in such places may be photographed and the photos may be reproduced for any purposes; §46(iv), which contains the "non-commercial" restriction, applies only to "artistic works". Some buildings like the Tower of the Sun can be regarded as artistic works (discussion).

• Japanese copyright law, §46

Korea (South)

OK for buildings: Article 32 (Exhibition or Reproduction of Works of Art, etc.) of the Korean Copyright Act says that a work of art exhibited at all times in a place open to the public may be reproduced by any means [except for some case, such as a when the reproduction is of the same nature as the original exhibited work of art (i.e., a painting reproduced in another painting) or when the reproduction is also to be permanently exhitibed in a public place], or the reproduction is made for the purpose of selling its copies.

However, Article 2.14 of the law defines reproduction as "the reproduction of works in a tangible form by means of printing, photographing, photocopying, sound or visual recording or other means; in the case of architectural works, it includes the construction of an architectural work according to its plan and model; and in the case of plays, musical scores or other similar works, it includes the sound and visual recording of a public performance, broadcast or performance of a work." In this case, reproduction of a building is literally building another building with the same design. Due to this, Article 32 would not apply because it is legally not a reproduction. Through this loophole, it can be assumed that buildings do have a form of FOP.

• 저작권법 (Korean Copyright Act) from the Korea Ministry of Legislation
• Korean Copyright Act (private hosting)
• Copyright Act of Korea (private hosting)

Korea (North)

OK: Copyright Law (Translated English version) of the Democratic People's Republic of Korea, Article 32 (Original version in Korean 조선민주주의인민공화국 저작권법) states that "A copyrighted work may be used without the permission of the copyright owner [...] When a copyrighted work in public places is copied."

Lebanon

 Not OK

• Lebanese copyright law provides for FOP only for the media as follows: "31. The media shall be permitted, without the authorization of the author and without obligation to pay him compensation, to publish pictures of architectural works, visual artistic works, photographic works or works of applied art, provided that such works are available in places open to the public."

http://www.wipo.int/clea/en/text_html.jsp?lang=EN&id=2786#P46_5104

Malaysia

OK Malaysian copyright law[4] excludes from the right of control "the reproduction and distribution of copies of any artistic work permanently situated in a place where it can be viewed by the public" (section 13(2)(c)).

Taiwan (Republic of China)

 Not OK for artistic works

OK for buildings

• The "Copyright Act" of Republic of China (2004) Article 58 states that:

Artistic works or architectural works on outdoor long term displays on the streets, in parks, on outside walls of buildings, or other outdoor locales open to the public, may be exploited by any means except as specified in the following circumstances:

1. Reproduction of a building by construction of another building.
2. Reproduction of a work of sculpture by another sculpture.
3. Reproduction for the purpose of long term public display in locales specified in this article.
4. Reproduction of artistic works solely for the purpose of selling copies.

Reproductions of artistic works are thus only for non-commercial purposes; therefore, such photographs are not free enough for Commons :  Not OK.

• 中華民國九十三年著作權法
• Copyright Act of Republic of China
• s:Copyright Act (Republic of China, 2006)

Thailand

OK Sections 37 to 39 of the Thai Copyright Act of B.E. 2537 (A.D. 1994) state that:

Section 37. A drawing, painting, construction, engraving, moulding, carving, lithographing, photographing, cinematographing, video broadcasting or any similar act of an artistic work, except an architectural work, which is openly located in a public place shall not be deemed an infringement of copyright in the artistic work.

Section 38. A drawing, painting, engraving, moulding, carving, lithographing, photographing, cinematographing or video broadcasting of an architectural work shall not be deemed an infringement of copyright in the architectural work.

Section 39. A photographing or cinematographing or video broadcasting of a work of which an artistic work is a component shall not be deemed an infringement of copyright in the artistic work.

• Copyright Act of B.E. 2537 (A.D. 1994)
• English translation

United Arab Emirates

not OK FOP in the UAE is restricted to broadcasting programs only which doesn't comply with Commons definition of Freedom. Federal Law No. (7) of the Year 2002 Concerning Copyrights and Neighboring Rights states the following:

22. Without prejudice to literary rights of the author stipulated in this law, the author after the publication of his work must not prohibit a third person to perform one of the following acts:

[...] 7. Presenting the fine arts, applied and plastic arts works or architectural works in broadcasting programmes, if such works are permanently present in public places.

Vietnam

OK According to article 25.1(h) of the Vietnamese copyright law, it is allowed to use (i.e. take and publish pictures, or televise) published works of the fine or applied arts or photographs, if the works have already been publicly displayed for "introduction purposes", without obtaining permission from and without paying royalties or other remuneration to the copyright owner.

• Intellectual Property Law of Vietnam of November 2005; entry in force July 1, 2006.
• Civil Code of Vietnam of September 2005; contains in part 6 (articles 736 to 757) some additional copyright provisions (not relevant for freedom of panorama). In case of discrepancies between the Civil Code and the IP law, the IP law prevails (article 5 of the IP law).

Other

Albania

not OK According to article 12 of the Albanian copyright law, when a publicly displayed copyrighted work is the main subject of a derivative work, that derivative work cannot be used for commercial purposes.

Article 12: "It is allowed without the author’s approval and without payment or remuneration the reproduction, broadcasting or the communication to the public by wire of a picture of an architectonic work, of a fine arts work, photographic work or applied arts work placed in a public area, excluding the cases when the picture is the main theme of the reproduction, broadcasting or communication and when it is used for commercial purposes."

Algeria

OK According to article 51 of the Algerian copyright law, it shall be lawful to reproduce or to communicate to the public, without authorization of the author and without remuneration, a work of architecture or the fine arts, a work of applied arts or a photographic work that is permanently situated in a public place, with the exception of art galleries, museums and classified cultural or natural sites.

Article 51: "Est considérée licite sans autorisation de l'auteur ni rémunération, la reproduction ou la communication au public d'une oeuvre d'architecture ou des beaux arts, d'une oeuvre des arts appliqués ou d'une oeuvre photographique lorsqu'elle est située en permanence dans un lieu public, à l'exception des galeries d'art, musées et sites culturels et naturels classés."

• Ordonnance relative aux droits d'auteur et aux droits voisins

Bosnia and Herzegovina

 Not OK Article 51c of the law on copyright and related rights states that reproductions of artistic works displayed in public places are only allowed "provided they are not used for gaining economic profit".

Brazil

OK Article 48 of Law nº 9.610 of February 19, 1998 states:

Works permanently located in public places may be freely represented by painting, drawing, photography and audiovisual processes.

The original Portuguese text:

As obras situadas permanentemente em logradouros públicos podem ser representadas livremente, por meio de pinturas, desenhos, fotografias e procedimentos audiovisuais.

• Articles 46-48 (Limitations on Copyright) of Law No. 9.610
• Law No. 9610 of February 19, 1998, on Copyright and Neighboring Rights

Costa Rica

OK : art acquired by the authorities
not OK : everything else

It shall be lawful to make reproductions by photographic or other pictorial processes of statues, monuments and other works of art acquired by the authorities that are displayed in streets, parks and museums. Law on Copyright and Related Rights, article 71.

Côte d'Ivoire

not OK Law No. 96—564 of July 25, 1996 on the Protection of Intellectual Works and the Rights of Authors, Performers and Phonogram and Videogram Producers, article 34:

"Works of art, including works of architecture, permanently located in a public place may be reproduced and made available to the public by means of cinematography or television."

• English version of statute

Croatia

OK Croatian law from 2003 allows 2D reproductions of permanently publicly displayed works, i. e. the full Freedom of Panorama (translation of relevant Article 91):

Article 91.

(1) It is permitted to reproduce copyrighted works permanently located on streets, squares, parks or other places accessible to public, and to distribute and publish such reproductions.

(2) Works from chapter 1 of this article cannot be reproduced in a three-dimensional form.

(3) On the instances of work from chapter 1 of this article, source and authorship must be stated, except when not possible.

• Copyright Law from 2003

Egypt

{{FoP-Egypt}}

OK Article 171 of Law No. 82 of 2002:

Without prejudice to the moral rights of the author, pursuant to the provisions of the law herein, the author may not prevent third parties, after the publication of his work, from undertaking any of the following acts:

[Section 2]

...Nevertheless, the author or his successors may prevent third parties, after the publication of his work, from undertaking any of the following acts, without permission therefrom:

- Reproducing, photographing or copying fine, applied or plastic arts, unless existing in public, or is an architectural work;...

By expressly denying the copyright holder the ability to enforce his copyright on applied or plastic arts "existing in public...or architectural work" freedom of panorama for these items is implied. "Applied art" means art incorporated into useful articles. Plastic arts are three dimensional artworks. So while freedom of panorama may exist in Egypt for useful articles, three dimensional artworks, and buildings, it does not appear to exist for two dimensional artwork.

• Law No. 82 of 2002 Pertaining to the Protection of Intellectual Property Rights

Guatemala

OK Article 64 of Guatemala's copyright law says "ARTÍCULO 64. Respecto de las obras ya divulgadas también es permitida, sin autorización del autor, además de lo dispuesto en el artículo 32:

d) La reproducción de una obra de arte expuesta permanentemente en lugares públicos, o de la fachada exterior de los edificios, realizada por medio de un arte distinto al empleado para la elaboración del original, siempre que se indique el nombre del autor, si se conociere, el título de la obra, si lo tuviere, y el lugar donde se encuentra."

"Article 64. With respect to already published works it is permitted, without the author's consent, besides what is set forth in article 32:

d) The reproduction of a work of art exposed permanently in public places, or of the outer surface of buildings, realized by means of an art distinct from that used in making the original, provided that the name of the author, if known, the title of the work, if it has one, and the place it is located are indicated."

• Guatemala Law 33–98

Iceland

not OK The copyright law of Iceland basically allows freedom of panorama for both buildings and works of the arts in general that have been permanently placed outdoors. If the work is the main subject of the photo and the photo is used commercially, the author of the work (this applies to both buildings and other works!) is entitled to remuneration, unless the publication of the image is in a newspaper or a TV broadcast.

In essence, Icelandic "freedom of panorama" images are free only for non-commercial uses. Overview photos in which no single work is the main subject of the image should be fine.

• Article 16 of the copyright law of Iceland (english translations)

Liechtenstein

OK The Liechtenstein Copyright Act, in article 29, says that works may be depicted when they are permanently located at or on public ground. The depiction may be offered, sold, sent or otherwise distributed. The depiction must not be three-dimensional and not be usable for the same purpose as the original.

• Gesetz über das Urheberrecht und verwandte Schutzrechte (Urheberrechtsgesetz, URG), LGBl. 1999 Nr. 160 (The Liechtenstein copyright act; in German)

Mali

not OK Article 36 ii) of the Malian Ordinance of 12 July 1977 allows reproduction for cinematographic or broadcasting purposes and communication to the public of works of figurative art and of architecture permanently located in a place where they can be viewed by the public and included in the film or broadcast only by way of background or as incidental to the essential matters represented. This is not enough for Commons because it deals only with films and broadcasts, allowing nothing for photographs, and allows only "incidental or background" inclusions.

Mexico

OK Chapter 2 of Mexico's copyright law, titled "De la limitacion a los derechos patrimoniales" ("On the limitation of ownership rights") Article 148 says: "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." ("Literary and artistic works already published may be used, provided that normal commercialization of the work is not affected, without auhorization from the copyrightholder and without remuneration, invariably citing the source and without altering the work, only in the following cases... VII. Reproduction, communication, and distribution by means of drawings, paintings, photographs, and audiovisual means of works visible from public places.")

• Mexican copyright law, article 148

Morocco

 Not OK As described in Article 20 of the 2000 Copyright Law, Morocco only grants freedom of panorama for incidental, noncommercial uses (similar to France).

• 2000 Copyright Law

Norway

OK for buildings only; The Norwegian Copyright in Literary, Scientific and Artistic Works Act, in section 24, 2 says that works of art and photographic works may be depicted when they are permanently mounted or located in or near a public place or a publicly accessible passage through some place. However, this does not apply when the work is clearly the main motive and the reproduction is exploited commercially. The same section says buildings may be freely depicted.

• The Norwegian copyright act
• Unofficial English translation (DOC)
• English translation

Paraguay

Article 39 of Paraguay's copyright law provides for FOP for works permanently present in public places, and for the exterior of buildings, however the work must be attributed. Article 39 also provides that the insignia of political parties, other associations, and non-profit organizations may be freely copied by others.

• "Article 39 - Respecting already published works, it is permitted without either authorization from the author or payment of remuneration:

4. Reproduction of a work of art exposed permanently in the streets, plazas, or other public places, or of the exterior surface of buildings, realized by a means of art distinct from that employed in making the original, always indicating the name of the author if known, the title of the work if it has one, and where it is found;

[...]

7. When the work constitutes the sign, emblem, or distinctive mark of political parties, associations, or non-profit civil entities.

Reproductions admitted in this article will be permitted only if they do not cross the normal exploitation of the work or cause an unjustifiable damage to the legitimate interests of the author."

• "Artículo 39 - Respecto de las obras ya divulgadas, es permitida sin autorización del autor ni pago de remuneración:

4. la reproducción de una obra de arte expuesta permanentemente en las calles, plazas u otros lugares públicos, o de la fachada exterior de los edificios, realizada por medio de un arte diverso al empleado para la elaboración del original, siempre que se indique el nombre del autor si se conociere, el título de la obra si lo tuviere y el lugar donde se encuentra;

[...]

7. cuando la obra constituya un signo, emblema, o distintivo de partidos políticos, asociaciones y/o entidades civiles sin fines de lucro.

Las reproducciones admitidas en este artículo serán permitidas en tanto no atenten contra la explotación normal de la obra ni causen un perjuicio injustificado a los intereses legítimos del autor."

• Organization of American States - OAS
• Copyright law of Paraguay of 1998

Peru

OK Peru has full "freedom of panorama", allowing reproducing artworks on streets, squares, or other public places or on the outside façades of buildings by means different from the original technique. The reproduction must not interfere with the author's exclusive rights to exploitation. This is protected both by national law and the Andean Community treaty.

• Peruvian copyright law of April 23, 1996, article 43(e)

Serbia

OK Serbian law from 2004 allows 2D reproductions of permanently publicly displayed works, i. e. the full Freedom of Panorama (translation of relevant Article 50):

Article 50:

It is permitted to make two-dimensional reproductions of works permanently located on streets, squares or other open places accessible to public, and to distribute such reproductions, without author's permission or paying author's fee.

• Copyright Law from 2004

Switzerland

OK. According to article 27 of the Copyright Act (de/fr/it), works permanently installed at or on publicly accessible places or ground may be pictured, and such pictures may be offered for sale, sold, transmitted, or otherwise published. The image must not be three-dimensional and it must not be possible to use the picture for the same purpose as the original.

Whether Swiss freedom of panorama also applies to works in publicly accessible interior spaces is a matter of controversy among legal scholars. Sandro Macciacchini, legal counsel of the Swiss Press Association, is of the opinion that it applies to rooms used for transit purposes, such as railway stations or passageways. In a law review article of 1997, the same author argued that based on the French text of the provision, "une voie ou une place accessible au public", the law probably only covers works under open sky, but he noted that freedom of panorama also extends to works that can be seen from a public space even if they are located on inaccessible ground.

Tunisia

OK for buildings of the present generation and artworks of the present generation which are permanently located in public places but not in museums or art galleries ; not OK : everything else (works from past generations, works in museums, works in art galleries)

Law n° 94-36 on Litterary and Artistic property as modified by law 2009-33 of 23 June 2009, article 10-g (source in French).

Turkey

OK The Turkish copyright allows "freedom of panorama". Law No. 5846 of December 5, 1951, on Intellectual and Artistic Works, as last amended on June 7, 1995 by Law No. 4110, section 40, says: The duplication through illustrations, graphics, photographs, etc., promulgation, demonstration by projection at public places and broadcasting through radio and similar media of the works of fine arts stationarily placed on the public roads, streets and avenues are allowed. This authority is exclusive only to the outer shape in the works of architecture. Unless a prohibitory record is clearly placed on them by their owners, the works of fine arts can be demonstrated at public places by their possessors or by others upon their approval. There have been some amendments to the law since then, but that section has remained unchanged.

• Turkish copyright law of 1951 with amendments up to 2006

United States

{{FoP-US}}

OK for buildings only. Buildings are works subject to copyright in the U.S. according to 17 USC 102(a)(8) since the Architectural Works Copyright Protection Act was passed in 1990. It applies to all buildings that were completed (not begun) after December 1, 1990, or where the plans were published after that date.

However, the U.S. federal copyright law explicitly exempts photographs of such copyrighted buildings from the copyright of the building in 17 USC 120(a). Anyone may take photographs of buildings from public places. This includes such interior public spaces as lobbies, auditoriums, etc. The photographer holds the exclusive copyright to such an image (the architect or owner of the building has no say whatsoever), and may publish the image in any way. 17 USC 120 applies only to architectural works, not to other works of visual art, such as statues or sculptures.

For artworks not OK. For artworks, even if permanently installed in public places, the U.S. copyright law has no similar exception, and any publication of an image of a copyrighted artwork thus is subject to the approval of the copyright holder of the artwork. However, public artwork installed before 1923 is considered to be public domain, and can be photographed freely. (Prior to 1978, when the definition changed, works of art such as statues or sculptures that were permanently installed in a public place were considered in general to be published, so usual U.S. copyright law such as {{PD-US}} or {{PD-1923}} applies.) In these situations, document the date of installation and the creator (sculptor) of the pictured work as much as possible. (A good resource for finding information about U.S. sculptures is the Smithsonian Art Inventories Catalog.) {{PD-US-no notice}} can also apply however, demonstrated in the infamous case surrounding Chicago Picasso.

• 17 USC 120(a)
• Travel Photography and the Law
• Chicagoist: Millennium Park Photography: The Official Scoop about photography and the copyrights on artworks in public places in the U.S.
• Information from photostop.istep.com
• A discussion on the panorama freedom in photo.net
• Another discussion on the panorama freedom in photo.net
• American Society of Media Photography on panorama freedom
• Article in www.sculpture.org on photos of sculptures

Vatican City (Holy See)

• not OK Under Law N. XII on Copyright of January 12, 1960[5], the Vatican decreed that unless church law says otherwise, the precepts of Italian copyright law apply in Vatican City. As noted above, Italy does not allow for freedom of panorama. Thus, sculptures and other works, including buildings, are not ok until 70 years after the death of the architect or designer. The Vatican's publishing house, Libreria Editrice Vaticana, also claims perpetual copyright on the writings of Pope John Paul II and Pope Benedict XVI[6][7]

Venezuela

OK The following shall be considered lawful reproductions: (...) (9) the reproduction of a work of art permanently displayed in a street, square or other public place by means of a technique different from that used for the making of the original; with respect to buildings, the said right shall be limited to the external elevations : Law on Copyright, §44 (9).

See also

• Commons:Derivative works

Bibliography

• Vogel. In: Gerhard Schricker (Hrsg.): Urheberrecht. Kommentar. 2. Auflage. Beck, München 1999, ISBN 3-406-37004-7
• Dreier. In: Thomas Dreier/Gernot Schulze: Urheberrechtsgesetz. 2. Auflage. München: Beck 2006 ISBN 340654195X
• Cornelie von Gierke: Die Freiheit des Straßenbildes (§59 UrhG). In: Hans-Jürgen Ahrens (Hrsg.): Festschrift für Willi Erdmann. Zum 65. Geburtstag. Heymann, Köln u.a. 2002, S. 103-115, ISBN 3-452-25191-8

External links

• Email with suggestions about the international panorama freedom situation
• American Intellectual Law Association
• Franklin Pierce Law Center on the intellectual law
• Article in www.fotorecht.de about the buildings of Hundertwasser and the panorama freedom in Europa - some of the information concerning the panorama freedom in Europa is misleading.

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This page is based on the German Wikipedia article Panoramafreiheit

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