Panoramafreiheit
Encyclopedia
Freedom of panorama, often abbreviated as FOP, is a provision in the copyright
laws of various jurisdictions that permits taking photographs or video footage, or creating other images (such as paintings), of buildings and sometimes sculptures and other art which are permanently located in a public place, without infringing any copyright that may otherwise subsist in such works, and to publish such images. Panorama freedom statutes and/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 work
s. The phrase is derived from the German
term Panoramafreiheit ("panorama freedom").
, 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.
Panoramafreiheit is defined in article 59 of the German
Urheberrechtsgesetz, in article 27 of the Swiss
Urheberrechtsgesetz, in section 62 of the United Kingdom
Copyright, Designs and Patents Act 1988
, and it exists in several other countries.
On the other hand, there are also European countries such as Italy
, where there is still no freedom of panorama at all. In Italy, despite many official protests and a national initiative led by the lawyer Guido Scorza and the journalist Luca Spinelli
(who highlighted the issue), the publishing of photographic reproductions of public places is still prohibited, in accordance with the old Italian copyright laws.
Some countries, such as France
or Belgium
, do not have this global permission for making images at public places at all and allow images of copyrighted works only under "incidental inclusion" clauses.
, 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", which is defined in section 10 as including a painting, sculpture, drawing, engraving or photograph, or a building or a model of a building - in each case, "whether ... of artistic quality or not" - and any other "work of artistic craftsmanship" (but not a circuit layout).
may permit uses such as criticism, comment, news reporting, teaching, scholarship or research. One famous example of panoramic restriction is found in the Hollywood Sign
, whose custodians claim trademark rights that are licensed for a fee for its inclusion in television and film.
Finally, in many Eastern European countries the copyright laws limit this permission to non-commercial uses of the images only.
As shown in the map above, 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) while some other countries also include indoor spaces such as public museums (this is for instance the case in the UK and in Russia
).
. In the United Kingdom, the powers granted to police under section 44 of the Terrorism Act 2000
have been used on numerous occasions to stop amateur and professional photographers from taking photographs of public areas. Under such circumstances, police are required to have "reasonable suspicion" that a person is a terrorist. While the Act does not prohibit photography, critics have alleged misuse of the powers to prevent lawful public photography. Notable instances have included the investigation of a schoolboy, a Member of Parliament
and a BBC
photographer.
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
laws of various jurisdictions that permits taking photographs or video footage, or creating other images (such as paintings), of buildings and sometimes sculptures and other art which are permanently located in a public place, without infringing any copyright that may otherwise subsist in such works, and to publish such images. Panorama freedom statutes and/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 work
Derivative work
In United States copyright law, a derivative work is an expressive creation that includes major, copyright-protected elements of an original, previously created first work .-Definition:...
s. The phrase is derived from the German
German language
German is a West Germanic language, related to and classified alongside English and Dutch. With an estimated 90 – 98 million native speakers, German is one of the world's major languages and is the most widely-spoken first language in the European Union....
term Panoramafreiheit ("panorama freedom").
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.Europe
In the European UnionEuropean Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
, 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.
Panoramafreiheit is defined in article 59 of the German
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
Urheberrechtsgesetz, in article 27 of the Swiss
Switzerland
Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....
Urheberrechtsgesetz, in section 62 of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
Copyright, Designs and Patents Act 1988
Copyright, Designs and Patents Act 1988
The Copyright, Designs and Patents Act 1988 , also known as the CDPA, is an Act of the Parliament of the United Kingdom which received Royal Assent on 15 November 1988. It reformulates almost completely the statutory basis of copyright law in the United Kingdom, which had, until then, been...
, and it exists in several other countries.
On the other hand, there are also European countries such as Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
, where there is still no freedom of panorama at all. In Italy, despite many official protests and a national initiative led by the lawyer Guido Scorza and the journalist Luca Spinelli
Luca Spinelli
Luca Spinelli is a Swiss investigative journalist. Born in Italy, he is a columnist for various newspapers, editor-in-chief of LaNotizia and founder of the open source project Oscon.- Biography :...
(who highlighted the issue), the publishing of photographic reproductions of public places is still prohibited, in accordance with the old Italian copyright laws.
Some countries, such as France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
or Belgium
Belgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
, do not have this global permission for making images at public places at all and allow images of copyrighted works only under "incidental inclusion" clauses.
Australia
In AustraliaAustralia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, 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", which is defined in section 10 as including a painting, sculpture, drawing, engraving or photograph, or a building or a model of a building - in each case, "whether ... of artistic quality or not" - and any other "work of artistic craftsmanship" (but not a circuit layout).
United States
Under copyright law of the United States, there is no such encompassing rule. The only similar article is 17 USC 120(a), which exempts the creation of pictorial representations of buildings from the architect's copyright. This freedom of panorama for buildings does not apply to art, however, which even restricts photography of the artistic components of a building design. Fair useFair use
Fair use is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders...
may permit uses such as criticism, comment, news reporting, teaching, scholarship or research. One famous example of panoramic restriction is found in the Hollywood Sign
Hollywood Sign
The Hollywood Sign is a landmark and American cultural icon in the Hollywood Hills area of Mount Lee, Santa Monica Mountains, in Los Angeles, California. The sign spells out the name of the area in and white letters. It was created as an advertisement in 1923, but garnered increasing recognition...
, whose custodians claim trademark rights that are licensed for a fee for its inclusion in television and film.
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. In most countries, it applies only to images of three-dimensional works that are permanently installed in a public place, "permanent" typically meaning "for the natural lifetime of the work". In Switzerland, even taking and publishing images of two-dimensional works such as murals or graffiti is permitted, provided such images cannot be used for the same purpose as the originals.Public space
Many laws have subtle differences in regard to public space and private property. Whereas the photographer's location is irrelevant in Austria, 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. 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.Finally, in many Eastern European countries the copyright laws limit this permission to non-commercial uses of the images only.
As shown in the map above, 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) while some other countries also include indoor spaces such as public museums (this is for instance the case in the UK and in Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
).
Anti-terrorism laws
Tension has arisen in countries where freedom to take pictures in public places conflicts with more recent anti-terrorism legislationAnti-terrorism legislation
Anti-terrorism legislation designs various types of laws passed in the aim of fighting terrorism. They usually, if not always, follow specific bombings or assassinations...
. In the United Kingdom, the powers granted to police under section 44 of the Terrorism Act 2000
Terrorism Act 2000
The Terrorism Act 2000 is the first of a number of general Terrorism Acts passed by the Parliament of the United Kingdom. It superseded and repealed the Prevention of Terrorism Act 1989 and the Northern Ireland Act 1996...
have been used on numerous occasions to stop amateur and professional photographers from taking photographs of public areas. Under such circumstances, police are required to have "reasonable suspicion" that a person is a terrorist. While the Act does not prohibit photography, critics have alleged misuse of the powers to prevent lawful public photography. Notable instances have included the investigation of a schoolboy, a Member of Parliament
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
and a BBC
BBC
The British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...
photographer.
External links
- Photographing public buildings, from the American Society of Media PhotographersAmerican Society of Media PhotographersThe American Society of Media Photographers, abbreviated ASMP, is a trade association of professional photographers, including many photojournalists but also experts in architectural, underwater, culinary and advertising photography and other specialties as well...
. - Derivative works from Chilling Effects.
- Millennium Park Photography: The Official Scoop, The Chicagoist, February 17, 2005.
- Photographs and other two-dimensional reproductions of buildings & public art from the Australian Copyright CouncilAustralian Copyright CouncilAustralian Copyright Council is an Australian non-profit organisation established in 1968 promoting the value of copyright.- Members :The council consists the following 23 members:* Aboriginal Artist Agency Limited...
. - MacPherson, L.: Photographer's Rights in the UK.