Ризница:Слобода на панорама/Европа
На страницава е даден преглед на правилата за слобода на панорама во Европа. Се состои од превметнувања од поединечни страници за правилата во секоја земја или територија.
Земји во Европа
COM:FOP Austria
Австрија
Нема информации на располагање
COM:FOP Azerbaijan
Азербејџан
Нема информации на располагање
COM:FOP Albania
Албанија
Нема информации на располагање
COM:FOP Andorra
Андора
Не е во ред Andorra's 1999 copyright law includes buildings and sculptures and fine arts works among the works subject to rights of copyright.[1999 Art. 2]
There is no "freedom of panorama" exception.[1999 Art. 11]
Note: "Copyright protection expires 70 years after the death of the original author (who is defined as the creator or designer) here. On January 1st of the following year (ie. January 1 of the 71st Year), freely licensed images of the author's 3D works such as sculptures, buildings, bridges or monuments are now free and can be uploaded to Wikimedia Commons. The lack of Freedom of Panorama is no longer relevant here for states with no formal FOP since the author's works are now copyright free."
COM:FOP Belgium
Белгија
Нема информации на располагање
COM:FOP Belarus
Белорусија
Нема информации на располагање
COM:FOP Bosnia and Herzegovina
Босна и Херцеговина
Нема информации на располагање
COM:FOP Bulgaria
Бугарија
Не е во ред, non-commercial uses only of images of permanent works in public spaces. {{NoFoP-Bulgaria}}. Under the Law on Copyright and Neighboring Rights (as amended up to 2011):
- Art. 24. (amend. - SG 77/02, in force from 01.01.2003) (1) Without consent of the owner of the copyright and without payment of compensation shall be permissible:
- 7. use of works, permanently exhibited at streets, squares and other public places without mechanical contact copying, as well as wireless broadcasting or transmitting by cable or other technical device, if done with informatory or other non-commercial purpose.[2011 Article 24(7)]
Notes:
- Please tag Bulgarian no-FoP deletion requests:
<noinclude>[[Category:Bulgarian FOP cases/pending]]</noinclude> - "Copyright protection expires 70 years after the death of the original author (who is defined as the creator or designer) here. On January 1st of the following year (ie. January 1 of the 71st year), freely licensed images of the author's 3D works such as sculptures, buildings, bridges or monuments are now free and can be uploaded to Wikimedia Commons. The lack of Freedom of Panorama is no longer relevant here for states with no formal FOP since the author's works are now copyright free."
COM:FOP Vatican City
Ватикан
Not OK
Under Law N. XII on Copyright of January 12, 1960, the Vatican decreed that unless church law says otherwise, the precepts of Italian copyright law apply in Vatican City. 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 if they are named in the work itself, or until 70 years after the publication of the work in other cases.
Please, tag Vatican no-FoP deletion requests: <noinclude>[[Category:Vatican FOP cases/pending]]</noinclude>.
COM:FOP Germany
Германија
Нема информации на располагање
COM:FOP Georgia
Грузија
Нема информации на располагање
COM:FOP Greece
Грција
Нема информации на располагање
COM:FOP Denmark
Данска
Нема информации на располагање
COM:FOP Armenia
Ерменија
Нема информации на располагање
COM:FOP Estonia
Естонија
Нема информации на располагање
COM:FOP Ireland
Ирска
Нема информации на располагање
COM:FOP Iceland
Исланд
Не е во ред {{NoFoP-Iceland}}
In regard to the freedom of panorama, the unofficial translation of Article 16 reads:
- Photographs may be taken and presented of buildings, as well as works of art, which have been situated permanently out-of-doors in a public location. Should a building, which enjoys protection under the rules concerning works of architecture, or a work of art as previously referred to, comprise the principal motif in a photograph which is exploited for marketing purposes, the author shall be entitled to remuneration, unless the pictures are intended for use by a newspaper or in television broadcasting."[73/1972-2018 Art.16]
In essence, Icelandic "freedom of panorama" images are free only for non-commercial uses. Overview photos in which no single copyrighted work is the main subject of the image should be fine.
COM:FOP Italy
Италија
Pictures from public places don't formally enjoy any exception in Italian copyright law. Objects still under copyright only allow "quotation right" [633/1941 art. 70] and a minimal and never implemented "fair use" [633/1941 art. 70 c. 1-bis].[1] Some objects are even subject to additional non-copyright restrictions (see below).
- Не е во ред {{NoFoP-Italy}}
According to the discussion at Commons:Village pump/Copyright/Archive/2023/10#Italy FOP again and artwork copyrights supposedly held by city councils of Italy, buildings and monuments commissioned and paid for by the Italian state (including regions, cities etc.) are also official works (government works), and the copyright in these cases (20 years from publication) is held by the state or its respective subdivision. This interpretation is backed up by legal guides and verdicts by italian courts.[2]
However, objects in public places can still be exempt from copyright for other reasons:
Во ред for objects that are not creative or artistic enough to be copyright-protected, see Threshold of originality [42/2004 art. 11 c. 1e]. Please use {{PD-structure|ITA}} or {{TOO-Italy}} in this case.- Во ред for objects where the copyright has expired, see General rules above.
Please, tag Italy no-FoP deletion requests: <noinclude>[[Category:Italian FOP cases/pending]]</noinclude>.
Note: A de facto exception for works by deceased authors was discussed extensively. It was initially recognized by the Commons community in April 2021, but abandoned again a few months later after this clarifying discussion.
Additional restrictions for cultural heritage assets
In addition to copyright concerns, photos of any cultural heritage asset are generally subject to preemptive authorisation, a fee and other restriction due to the cultural heritage and landscape law[3] which is a non-copyright restriction. The following are considered cultural heritage assets: state-owned things with some artistic, historic, archaeological or ethno-anthropological interest and libraries, galleries, museums and archives collections, unless explicitly removed on a case by case basis; other items declared cultural heritage by the Ministry of Cultural Heritage and Activities. The national catalogue of cultural heritage assets is not publicly accessible or does not exist yet. Any artwork or building should be assumed a cultural heritage asset if older than 50 years (or 70 years in some cases since 2017 [42/2004 art. 11 c. 1d]).
Simplifications were envisioned by law for certain kinds of reproductions [42/2004 art. 108 c. 3-bis] and collections [36/2006 art. 7] but are not fully implemented yet as of 2019.
For Wiki Loves Monuments participants, an agreement between the Ministry and Wikimedia has allowed in the past to publish certain photos of cultural heritage assets on Commons, provided that for the ministry-run monuments {{Italy-MiBAC-disclaimer}} is added to the respective file descriptions.
COM:FOP Kazakhstan
Казахстан
Нема информации на располагање
COM:FOP Cyprus
Кипар
Во ред {{FoP-Cyprus}}
The WIPO version of Copyright Laws 1976 to 1993, section 7(2)[4], includes exception (c): "the reproduction and distribution of copies of any artistic work permanently situated in a place where it may be viewed by the public;"
COM:FOP Latvia
Латвија
Нема информации на располагање
COM:FOP Lithuania
Литванија
Нема информации на располагање
COM:FOP Liechtenstein
Лихтенштајн
Во ред {{FoP-Liechtenstein}}
The 1999 Law on Copyright and Neighboring Rights, amended 2006, 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.[1999-2006 Art.29]
COM:FOP Luxembourg
Луксембург
Не е во ред {{NoFoP-Luxembourg}} Only incidental inclusion allowed. Under the Law of April 18, 2001 as modified in 2015,
- 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."[4-18-2001 Art.10(7)]
COM:FOP Северна Македонија
Македонија
Нема информации на располагање
COM:FOP Malta
Малта
Во ред for buildings and sculptures. {{FoP-Malta}}
Malta's Copyright Act states that copyright "shall not include the right to authorise or prohibit (…) the inclusion in a communication to the public, the making of a graphic representation and the making of a photograph or film, of a work of architecture or sculpture or similar works made to be located permanently in public places."[415/2000-2011 Art. 9(1)(p)]
COM:FOP Moldova
Молдавија
Нема информации на располагање
COM:FOP Monaco
Монако
Not OK: Chapitre - III RESTRICTIONS À L'EXERCICE DES DROITS (Chapter - III RESTRICTIONS ON THE EXERCISE OF RIGHTS) does not contain an exception that allows photographic and/or videographic reproductions and commercial publication and/or distribution of images of copyright-protected architecture and artistic works situated in public places.
Il est permis de publier des emprunts faits à des œuvres littéraires ou artistiques, à condition d'en indiquer la source et l'auteur lorsque ces publications ont un caractère scientifique, scolaire ou constituent des chrestomathies.
— in: 491/1948 Art.16
It shall be permissible to publish borrowings made from literary or artistic works, provided that the source and author are indicated where the publications are of a scientific, scholarly or chrestomathic nature.
— Translation of Article 16
COM:FOP Norway
Норвешка
Нема информации на располагање
COM:FOP United Kingdom
Обединето Кралство
Нема информации на располагање
COM:FOP Poland
Полска
Нема информации на располагање
COM:FOP Portugal
Португалија
Во ред {{FoP-Portugal}} Under the Code of Copyright and Related Rights (as amended up to Decree-Law No. 100/2017 of August 23, 2017),
- It is lawful, without the author's consent, to make the following uses of a work:[100/2017 Art.75(2)] ... use of works, such as works of architecture or sculpture, made to be located permanently in public places;[100/2017 Art.75(2.q)]
- "Use" includes taking a photograph of such a work and publishing it.[100/2017 Art.68]
- However, in conformity with the Berne three-step test, the allowed uses must not conflict with a normal exploitation of the work, nor unreasonably prejudice the legitimate interests of the rights holder.[100/2017 Art.75(4)]
- Also, "The free uses mentioned in the preceding article [§75] shall be accompanied by the indication, wherever possible, of the name of the author and of the editor, the title of the work and other circumstances that identify them...."[100/2017 Art.76(a)]
According to Portuguese legal scholar Teresa Nobre, "public location" includes public interiors within the context of Portuguese law.[5]
COM:FOP Romania
Романија
Нема информации на располагање
COM:FOP Russia
Русија
Нема информации на располагање
COM:FOP San Marino
Сан Марино
Не е во ред. There is no provision for freedom of panorama of any sort under San Marino law.[6]
COM:FOP Slovakia
Словачка
Нема информации на располагање
COM:FOP Slovenia
Словенија
Не е во ред Use: {{NoFoP-Slovenia}}. Only non-commercial use allowed. Under the Consolidated Copyright Act as of 2016,
- Works permanently placed in parks, streets, squares or other public places, may be used freely.[12/2016 Art.55(1)]
- The preceding paragraph does not apply to three-dimensional copies made for the same purpose as the original work, or copies made for profit.[12/2016 Art.55(2)]
- The copy should state the source and authorship of the work, if indicated on the work.[12/2016 Art.55(3)]
Во ред for all works whose creators died or published them anonymously or pseudonymously (and have remained anonymous or pseudonymous) in 1953 or earlier.[7]
- Another exception is photographs of photographic and similarly-made works in a public space, and photographs of the works of applied art, which are acceptable for Commons if the original (non-derivative) work was published in 1969 or earlier. The copyright on these works lasted for 25 years from publication per the 1978 Yugoslav copyright act.[1978 Art.84]
In addition to copyright, the usage of the reproductions of "cultural monuments" for commercial purposes[8] is restricted by the Slovenian Cultural Heritage Protection Act, which requires consensus of the owner of the monument for any use of the image and name of the monument (Article 44). The definition of a cultural monument is the following (Article 3): heritage that has been statutorily protected as a monument or entered in the inventory of an authorised museum. For immovable cultural heritage, the national catalog is publicly accessible at gisportal.gov.si.[9] Wikimedia Commons is not required to comply with the Slovenian Cultural Heritage Protection Act because it is hosted in the United States of America. Users who are citizens of Slovenia are warned that they are solely responsible for any possible violation of local laws.
COM:FOP Serbia
Србија
Нема информации на располагање
COM:FOP Türkiye
Турција
Во ред {{FoP-Turkey}} Under Law No. 5846 of December 5, 1951 (as amended up to decision no 2020/29 of Constitutional Court of Turkey on July 17, 2020),
- 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]
- Works of fine arts are the following works, which have aesthetic value: Oil paintings or water colors, all types of drawings, patterns, pastels, engravings, artistic scripts and gildings, works drawn or fixed on metal, stone, wood or other material by engraving, carving, ornamental inlay or similar methods, calligraphy, silk screen printing; Sculptures, reliefs and carvings; Architectural works; Handicraft and minor works of art, miniatures and works of ornamentation, textiles, fashion designs; Photographic works and slides; Graphic works; Cartoons; All kinds of personifications.[5846/1951 Article 4]
COM:FOP Ukraine
Украина
COM:FOP Hungary
Унгарија
COM:FOP Finland
Финска
COM:FOP France
Франција
COM:FOP Netherlands
Холандија
COM:FOP Croatia
Хрватска
COM:FOP Montenegro
Црна Гора
COM:FOP Czech Republic
Чешка
COM:FOP Switzerland
Швајцарија
COM:FOP Sweden
Шведска
COM:FOP Spain
Шпанија
Unsure
{{FoP-Spain}} Under the the 1996 Intellectual Property Law as amended up to 14 April 2018,
- Works permanently located in parks or on streets, squares or other public tracks and passes may be freely reproduced, distributed and communicated by painting, drawing, photography and audiovisual processes.[1/1996-2018 Article 35(2)]
In 1998, Article 40bis was non retroactively introduced in the law, limiting this exception:
- The above 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.[1/1996-2018 Article 40bis]
After the introduction of Article 40bis, some Spanish courts have ruled against commercial use of some works situated in public spaces, including Monumento a Los Raqueros and Toro de Osborne. However, in both cases the work had been extracted from its surrounding panorama, and commercialized in that form.[10] In other cases, such as the verdict nº195/2014 from the Audiencia Provincial de Madrid,[11] courts have ruled that works situated in "public areas" can be subject to the exception (that is, they have ruled in favor of freedom of panorama, at least for works situated in "public areas").[12] According to further analysis, authorization from the copyright holder for commercial use of photographs and derivative and composed works of a copyrighted work, could possibly be necessary when the work is "located in a private property that is accessible to public view or that is not considered a public area".[13][14] In the case of the Toro de Osborne, the court considered that only cultural uses were allowed by Article 35.2, excluding any kind of commercial use.[15]
- Toro de Osborne Case
By decision dated January 31, 2006, the Provincial Court of Seville considered that the commercial use of the figure or silhouette of the Toro de Osborne (originally conceived and designed as a trademarked logo in 1956) through items such as hats, t-shirts, keychains, stickers, postcards, ashtrays, tiles, ceramics, coasters, as well as scaled reproductions of the same, constitutes a criminal infringement of the copyright under Article 270 of the Penal Code, as it involves an "intent to obtain direct or indirect economic benefit" and is carried out "to the detriment of a third party." The Court interpreted the limitation of the panorama exception provided in Article 35(2) of the Intellectual Property Law (LPI) in accordance with the provisions of Article 40 bis of the LPI, stating that: "only the exploitation of the same with a strict or predominantly cultural dimension has been allowed, and any use of the same without its consent (from the owner) that exceeds the aforementioned purpose must be understood as unauthorized.".[14]
- Raqueros Case
By decision dated April 5, 2006, the Provincial Court of Cantabria, decided that a sculptural ensemble known as the "Grupo de Raqueros", permanently installed in a public thoroughfare (Paseo Marítimo), commissioned by the Government of Cantabria or by the Santander City Council, is reproduced in an acrylic based material, intended for public sale as tourist souvenirs. According to the decision, the author keeps the exploitation rights over it, and the Provincial Court of Cantabria ordered some of the defendants to compensate the author for moral and economic damages, due to the distribution of unauthorized reproductions.[14][16]
Refer to this discussion for more information. Spanish Wikimedian MarcoAurelio provides an insight on the situation of the Spanish freedom of panorama.
See also: Category:Spanish FOP cases. Посебен статус
COM:FOP Akrotiri and Dhekelia
Акротири и Декелија
COM:FOP Faroe Islands
Фарски Острови
COM:FOP Bailiwick of Guernsey
Гернзи
Во ред: for buildings, sculptures and works of artistic craftsmanship. Не е во ред: for photographs, paintings etc.
Under the Copyright (Bailiwick of Guernsey) Ordinance, 2005, 82: representation of certain artistic works on public display",
- 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.[2005 Section 82(1)]
- 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.[2005 Section 82(2)]
- 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.[2005 Section 82(3)]
COM:FOP Gibraltar
Гибралтар
- Во ред for buildings, sculptures, models for buildings, and works of artistic craftsmanship, "if permanently situated in a public place or in premises open to the public."
- Не е во ред for other types of artistic works (e.g. public murals, sculptures not situated in public places, or models not meant to be permanently displayed in a public place).
Gibraltarian freedom of panorama is found at Section 77(1–3), "Representation of certain artistic works on public display."
Gibraltarian 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 freedom of panorama rules will be similar. See the COM:FOP United Kingdom for more details.
COM:FOP Isle of Man
Ман
Во ред For buildings, sculptures and works of artistic craftsmanship. Under The Copyright Act 1991,
- 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.[1991-2013 Sec.62(1)]
- The copyright in such a work 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.[1991-2013 Sec.62(2)]
- 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.[1991-2013 Sec.62(31)]
COM:FOP Jersey
Џерси
Во ред {{FoP-Jersey}} for buildings, sculptures, works of artistic craftsmanship.
Не е во ред for other types of artistic work
According to the Intellectual Property (Unregistered Rights) (Jersey) Law 2011, Section 90: Representation of certain artistic works on public display,
- This Article 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.[2011 Section 90(1)]
- The copyright in such a work is not infringed by making a graphic work representing it; making a photograph or film of it; or making a broadcast of a visual image of it.[2011 Section 90(2)]
- Nor is the copyright infringed by anything done in relation to copies of, or the communication to the public of, anything whose making was, by virtue of this Article, not an infringement of the copyright.[2011 Section 90(3)]
COM:FOP Svalbard
Template:Svalbard
Делумно признаени
COM:FOP Abkhazia
Абхазија
Не е во ред. Only incidental, non-commercial use allowed. Under the 2006 Law on Copyright and Related Rights,
- It is allowed without the consent of the author and without paying the author's fee to reproduce, broadcast or communicate to the public by cable of works of architecture, photography or fine art which are permanently located in a place open to the public, except when the image of the work is the main object such reproduction, transmission or broadcast to the public by cable or when the image of the work is used for commercial purposes.[2006 Art.21]
COM:FOP South Ossetia
Јужна Осетија
Не е во ред, non-commercial use only if the work is the main subject of the reproduction. However, it should be OK if the work is not the main subject of the photograph or video.
- It is allowed without the consent of the author or other holder of rights, and without payment of royalties, to reproduce, broadcast or transmit by cable works of architecture, photography, and fine art which are permanently located in a place open to public access, unless the image of the work is the main object such reproduction, broadcasting or transmission by cable or when the image of the work is used for commercial purposes.[17][2012 Art.21]
COM:FOP Transnistria
Приднестровие
COM:FOP Kosovo
Косово
Не е во ред, non-commercial only. {{NoFoP-Kosovo}} According to the Law No. 2004/45 on Copyright and Related Rights,
- Works permanently placed in public streets, squares, parks or other generally accessible public places may be used freely.[2004/45 Art.54.1]
- Works mentioned in the preceding paragraph may not be reproduced in a three-dimensional form, used for the same purpose as the original work, or used for direct or indirect economic gain.[2004/45 Art.54.2]
COM:FOP Northern Cyprus
Северен Кипар
Во ред: 1911 U.K. copyright law still applies in Northern Cyprus (source) which allows Freedom of Panorama.
See also: Commons:Village pump/Copyright/Archive/2023/02#FoP status of Northern Cyprus
COM:FOP United Nations Buffer Zone in Cyprus
Зелена линија
делумно во Европа
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