Commons:파노라마의 자유

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This page is a translated version of a page Commons:Freedom of panorama and the translation is 16% complete. Changes to the translation template, respectively the source language can be submitted through Commons:Freedom of panorama and have to be approved by a translation administrator.
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Shortcuts: COM:FOP • COM:PANO

In almost all countries, art, architecture, and other works are protected by copyright for a specified period. That means any photograph taken of such a work during the copyright period is a derivative work, provided (under US law) that the photograph displays the quantum of originality required for copyright protection of a derivative work.

A derivative work usually requires a license from the creator of the work. However, in about half of all countries there is an exception in copyright law which eliminates the need for a license. We call this exception freedom of panorama (FOP), a phrase derived from the German term Panoramafreiheit.

The works to which the FOP exception applies vary widely from country to country. The exception generally applies only to works on permanent public display. In some countries, this is only in outdoor public places; in others it extends to indoor places where admission is charged. It may cover only architecture, only architecture and sculpture, or all copyrightable works including literary works.

Note that in every country, even one without an FOP exception, once a work goes out of copyright it may be freely photographed. Also, the exception does not eliminate the need for a license from the photographer.

Buildings and sculptures as works of art

Collegium Stomatologicum in Poznan [pl], the author of the work depicted in 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 owners of buildings should not be assumed to hold the copyright of their buildings. For this reason, in countries without freedom of panorama, Wikimedia Commons requires proof of copyright release from the copyright holder when hosting any images of those buildings. If the owner of a building uploads an image to Commons, presume that they do not own the copyright. Ask them to provide either proof of copyright transfer from the architect to them, or otherwise, ask them to direct the architect to apply a Commons-compatible license to the image.

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 the de minimis principle.

Some de minimis cases may be explicit in national laws, but the principle may apply also otherwise. In some countries there is a separate clause for photographs or pictures of buildings in public places (or of any works of architecture).

Choice of law

The question of what country's law applies in a freedom of panorama case is an unsettled issue. There are several potentially conflicting legal principles, any of which might be used to determine the applicable law (see Choice of law). The law used is likely to be one of the following: the country in which the object depicted is situated, the country from which the photograph was taken, or the country in which the photo is used (published/viewed/sold). Because of the international reach of Commons, ensuring compliance with the laws of all countries in which files are or might be reused is not realistic. Since the question of choice of law with regard to freedom of panorama cases is unsettled, current practice on Commons is to retain photos based on the more lenient law of the country in which the object is situated and the country in which the photo is taken. For example, North Korea has a suitable freedom of panorama law, while South Korea's law, limited to non-commercial uses, is not sufficient for Commons. As a result of the practice of applying the more lenient law, we would generally retain photos taken from North Korea of buildings in South Korea (e.g., File:Joint Security Area from North Korea.jpg) as well as photos taken from South Korea of buildings in North Korea (e.g., File:070401 Panmunjeom3.jpg).

파노라마의 자유가 적용되는 이미지를 공용에 업로드하기

파노라마의 자유 조항의 대상이 되는 이미지를 공용에 업로드할 때는, FoP 틀을 이용해 주세요. 틀에는 저작물의 저작권 상태에 대한 법률적 설명이 포함되어 있으며 해당 이미지를 FoP 관련 분류에 포함시키게 만들어 줍니다. 만약 이미지가 만들어진 나라에 이러한 조항이 없거나 오로지 비상업적 목적으로만 허용하고 있다면, 해당 이미지는 공용의 라이선스 정책과 상응할 수 있는 라이선스를 받을 수 없으며 반드시 삭제되어야 합니다. 파일 삭제 요청은 Commons:삭제 요청에서 합니다.

For images of artwork that are covered by Freedom of Panorama in the country where the photo was taken, the {{Not-free-US-FOP}} template can be included to advise reusers that the US (where Commons is hosted) has no Freedom of Panorama provisions for artwork and that the image might not be freely reusable in the US. This template should not be used for images that only show architectural works, which are covered by US Freedom of Panorama provisions.

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 one 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 permitted 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 Australian, Austrian, British, Mexican, Indian, and United States laws allow 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. (See also archived discussion of 09/2013).

Architecture vs sculptures

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 building or sculpture or is presented on a publicly accessible plaque. In most jurisdictions, the literary work has a separate copyright which must be considered separately unless it is an integral part of the building or sculpture. A plaque describing the building or sculpture will not qualify unless the work is in one of the eleven jurisdictions which include an exception for literary works.

Acknowledgment of source

The copyright law usually obliges the photographer to credit the authors of works depicted in his photograph. That usually means that the photographer must provide a description of the depicted objects and the authors thereof. However, the photographer can be exempted from the obligation when the authorship is difficult to deduce. For instance, German copyright law says in §62 that the photographer does not need to credit the author if authorship is 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 their work. However, they do 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.

국가별 상황

여기서는 국가별 파노라마의 자유 상황을 자세하게 설명합니다. 이것은 교육 목적이며, 법적인 제안이 아닙니다.

지도

요약표

파노라마의 자유 (나라별)
국가 건축물 입체 작품 평면 작품 공공장소의 실내
아프가니스탄
알바니아 ?
알제리 [1]
안도라
앙골라 [2]
앤티가 바부다 [3]
아르헨티나 ?
아르메니아 ?
오스트레일리아 [3]
오스트리아 [4]
아제르바이잔
바하마
바레인
방글라데시 [3]
바베이도스 [3]
벨라루스
벨기에 ?
벨리즈 [3]
베냉
부탄
볼리비아 ?
보스니아 헤르체고비나
보츠와나
브라질
브루나이 [3] ?
불가리아
부르키나파소
부룬디
캄보디아
카메룬
캐나다 [3]
카보베르데
중앙아프리카 공화국
차드
칠레
중국
콜롬비아
코모로
콩고 민주 공화국
콩고 공화국
코스타리카
크로아티아 ?
쿠바
퀴라소 ?
키프로스 ?
체코 ?[5]
덴마크
지부티
도미니카 연방
도미니카 공화국
동티모르 [2]
에콰도르 ?
이집트 ?
엘살바도르
적도 기니
에리트레아
에스토니아
에스와티니
에티오피아
피지 [3]
핀란드
프랑스
가봉
감비아
조지아
독일
가나
그리스
그레나다 [3]
과테말라
기니
기니비사우 ?
가이아나 [3]
아이티
온두라스
홍콩 [3]
헝가리 [6]
아이슬란드
인도 [3]
인도네시아
이란
이라크
아일랜드 [3]
이스라엘 ?
이탈리아
코트디부아르
자메이카 [3]
일본 ?
요르단
카자흐스탄
케냐 ? ?
키리바시
코소보
쿠웨이트
키르기스스탄
라오스
라트비아
레바논
레소토
라이베리아
리비아
리히텐슈타인 ? ?
리투아니아
룩셈부르크
마카오 ?
마다가스카르
말라위
말레이시아
몰디브
말리
몰타 ?
모리타니 [1]
모리셔스
멕시코 ?[7] [8]
미크로네시아 연방
몰도바
모나코
몽골
몬테네그로
모로코
모잠비크
미얀마
나미비아
나우루
네팔
네덜란드 [9] [9] [10]
뉴질랜드 [3]
니카라과
니제르
나이지리아[11]
조선민주주의인민공화국 ? ?
북마케도니아
노르웨이
오만
파키스탄
팔라우
파나마
파푸아뉴기니
파라과이 ?
페루 (안데스 공동체) ?[12] [13]
필리핀
폴란드
포르투갈 [2]
카타르
루마니아
러시아
르완다
세인트키츠 네비스 [3]
세인트루시아 [3]
세인트빈센트 그레나딘 [3]
사모아
산마리노
상투메 프린시페 [2]
사우디아라비아
세네갈
세르비아
세이셸
시에라리온
싱가포르 [3]
슬로바키아 ? ?
슬로베니아
솔로몬 제도 [3]
남아프리카 공화국
대한민국
남수단
스페인
스리랑카
수단
수리남
스웨덴 ? ? ? ?
스위스
시리아
중화민국
타지키스탄
탄자니아
태국 ?
토고
통가
트리니다드 토바고
튀니지 [1]
튀르키예
투르크메니스탄
투발루 [3]
우간다
우크라이나
아랍에미리트
영국 [3]
미국
우루과이 [14]
우즈베키스탄
바누아투
바티칸 시국
베네수엘라 ?
베트남 [15] [15]
예멘
잠비아
짐바브웨
Notes
  1. a b c d Limited to locais/lugares públicos (public locations)
  2. a b c d e f g h i j k l m n o p q r s t u v "Works of artistic craftsmanship" are OK, "graphic works" are not – see United Kingdom section for commentary.
  3. Except for works, which themselves are components of the structure, including windows in churches and such.
  4. Limited to verejná prostranství (public spaces), the listed examples do not include interiors but they are not excluded explicitly.
  5. Applies only to fine arts, architecture, and applied arts. Does not apply to photographs and maps.
  6. The Mexican law doesn't have a position on this use.
  7. Due to the Mexican law not mentioning what public means, it's supposed that it's also possible.
  8. a b Dutch freedom of panorama doesn't extend to public photographs, maps, applied art, industrial design, and models.
  9. According to existing jurisprudence and legal literature on Dutch FOP, interiors of transportation facilities like railway stations, airports, and covered parking lots are covered by the exception, as well as shopping mall indoors (but not shops within the shopping malls). The exception does not apply to the interiors of schools, operas, entrance halls of businesses, museums, hotels, cafés, and shops.
  10. The new Copyright Act, 2022 of Nigeria, effective 17 March 2023, restricted freedom of panorama to audio-visual and broadcasting media only. Only affects uploads starting on that date. Uploaded photos prior to that date are still under the effect of the old, superseded law and can still be hosted.
  11. The Peruvian law indicates for "work of art" and may include text that does not pass the threshold of a literary work. However, the right of quotation of texts exposed to the public applies.
  12. In architectural works of public areas is permitted regardless of whether they are in external or internal locations with exceptions. In other works are limited in "public places".
  13. Museum indoors only.
  14. a b 2022 revision of Vietnamese copyright law restricted freedom of panorama to non-commercial use, effective 1 January 2023. Only affects uploads from 2023 onwards. Pre-2023 uploads are still under the effect of the old, superseded law and can still be hosted.

참고 자료

높이가 500m를 넘어가는 건물들의 파노라마의 자유 여부 (파란색 기호= 파노라마의 자유 있음, 빨간색 기호 = 파노라마의 자유 없음)
세계에서 가장 높은 탑 7개의 파노라마의 자유 여부

Consolidated rules

파노라마의 자유
아프리카아메리카아시아유럽오세아니아Others

Click on the links to the right to see consolidated freedom of panorama rules for all countries in each broad region. The lists include countries for which rules have yet to be defined.

Shortcuts

The shortcuts below lead to sections giving freedom of panorama rules for each country, where available. If no freedom of panorama rules have been defined for a country, the shortcut leads to the page giving copyright rules for the country.

같이 보기

  • {{Licensed-FOP}} template for formatting and internationalization of licenses of FOP images

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

바깥 고리


This page is based on the German Wikipedia article Panoramafreiheit

각주

Some citation text may not have been transcluded