File:Bandolin Gunilla lekskulptur park invid Valhallavägen Stockholm.JPG

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Svenska: Sculpture for children by swedish sculptor Gunilla Bandolin in a park in Stockholm.
Date
Source Own work
Author Stockholmdud

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It is not clear whether freedom of panorama applies to this image.

This is a depiction of a work of art in Sweden. The depicted work is believed to be protected by copyright. According to Article 24 of the Swedish copyright act, "Works of art may be depicted if they are permanently placed on or at a public place outdoors" and "Buildings may be freely depicted." It has been widely accepted that this provision made distribution of depictions such as this one legal.

On 4 April 2016, however, the Supreme Court of Sweden issued a statement that the first paragraph in Article 24 does not extend to publication of works of art in online repositories, and on 6 July 2017, a lower court ruled that linking to depictions of copyrighted works of art hosted by Wikimedia (including on Commons) in a database constitutes copyright infringement. See COM:CRT/Sweden#Freedom of panorama for more information.

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  • In the source country of the artwork or sculpture, taking photographs of such works permanently located in a public place does not generally infringe on their copyright, under a principle known as "freedom of panorama".
  • In U.S. law, there is no freedom of panorama for artwork or sculptures, and under the choice-of-law principle lex loci protectionis, U.S. courts might apply U.S. freedom of panorama standards to this work, rather than the standards of the source country. However, in practice, it is unsettled whether and how this approach would be applied in real-world U.S. legal cases involving freedom of panorama elements.
The current policy on Commons is to accept photos of artwork and sculptures that are covered by freedom of panorama in their source country. This policy may change in the future, depending on the outcome of community discussions and new case law.
This is not a valid license tag on Commons; this file must be usable under freedom of panorama in its source country or it will be deleted.

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Date/TimeThumbnailDimensionsUserComment
current09:07, 17 September 2012Thumbnail for version as of 09:07, 17 September 20122,048 × 1,360 (693 KB)Stockholmdud (talk | contribs)User created page with UploadWizard

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