Ризница:Слобода на панорама/Азија
На страницава е даден преглед на правилата за слобода на панорама во Азија. Се состои од превметнувања од поединечни страници за правилата во секоја земја или територија.
Земји во Азија
COM:FOP Afghanistan
Авганистан
Нема информации на располагање
COM:FOP Azerbaijan
Азербејџан
Нема информации на располагање
COM:FOP Bangladesh
Бангладеш
Во ред for architecture, sculptures, and works of artistic craftsmanship: {{FoP-Bangladesh}}
Not OK for other types of artistic works.
According to the 2000 Copyright Act of Bangladesh, copyright is not infringed by,
- The making or publishing of a painting, drawing, engraving or photograph of architecture or the display of a work of architecture.[28/2000 Section 72(19)];
- The making or publishing of painting, drawing, engraving or photograph of a sculpture or other artistic work falling under section 36(c), if such work is permanently situated in a public place or any premises to which the public has access.[28/2000 Section 72(20)];
- The inclusion in a cinematograph film of (i) any artistic work permanently situated in a public place or any premises to which the public has access; or ii) any other artistic work, if such inclusion is only by way of background or is otherwise incidental to the principal matters represented in the film.[28/2000 Section 72(21)];
Under 2000 Copyright Act of Bangladesh, the "artistic works" are enumerated as: (a) a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph whether or not any such work possesses artistic quality; (b) a work of architecture; and (c) any other work of artistic craftsmanship.[28/2000 Section 2(36)] Thus the Bangladeshi freedom of panorama only applies to works of architecture, sculptures, and works of artistic craftsmanship "permanently situated in a public place or any premises to which the public has access."
As expected in most of the former British colonies, the Bangladeshi 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 COM:FOP United Kingdom for more details.
COM:FOP Bahrain
Бахреин
Нема информации на располагање
COM:FOP Brunei
Брунеј
Во ред for 3D works and works of artistic craftsmanship = {{FoP-Brunei}}.
Не е во ред for 2D graphic works.
Under the Emergency (Copyright) Order, 1999 of Brunei Darussalam,
- It is not a copyright infringement to make graphic representations, take photographs, broadcast the images of buildings, sculptures, models for buildings and works of artistic craftsmanship given that the object is permanently situated in a public place, nor to reproduce aforementioned works to the public.[1999 Section 66]
- "Work of artistic craftsmanship" is defined separately from "graphic work".[1999 Section 6] "Graphic work" includes any painting, drawing, diagram, map, chart or plan, and any engraving, etching, lithograph, woodcut or similar work.[1999 Section 6] These works are not covered by the Section 66 exception.[1999 Section 66]
COM:FOP Bhutan
Бутан
Не е во ред. There is no provision for Freedom of Panorama in the Copyright Act of the Kingdom of Bhutan, 2001. None of the indicated exceptions or limitations to copyright at Sections 10–17 contain a provision allowing the free use of a copyrighted work permanently seen or found in public spaces, like architecture and sculptures, without the need to get license clearances from the designers of the said public space works.
COM:FOP Vietnam
Виетнам
Нема информации на располагање
COM:FOP Georgia
Грузија
Нема информации на располагање
COM:FOP Egypt
Египет
Нема информации на располагање
COM:FOP Armenia
Ерменија
Нема информации на располагање
COM:FOP Japan
Јапонија
Нема информации на располагање
COM:FOP Yemen
Јемен
Нема информации на располагање
COM:FOP Jordan
Јордан
Не е во ред. Copying is only allowed for private personal, and educational use.
Articles "(17): Use of Published Works" and "(20): Copy of Work without Author’s Consent" of The Copyright Law, No. (22) of 1992 of Jordan do not explicitly mention works of architecture, but they are defined in Article (3) as "Works Enjoying Copyright Protection." Protection also includes the title of the work, unless it's generic and is used to describe the subject of the work.
COM:FOP South Korea
Јужна Кореја
Нема информации на располагање
COM:FOP Israel
Израел
Нема информации на располагање
COM:FOP India
Индија
Нема информации на располагање
COM:FOP Indonesia
Индонезија
Нема информации на располагање
COM:FOP Iraq
Ирак
Нема информации на располагање
COM:FOP Iran
Иран
Нема информации на располагање
COM:FOP East Timor
Источен Тимор
Во ред under the new Code of Copyright and Related Rights of 2022: {{FoP-East Timor}}.
The previous law applicable for East Timor, the 1982 Indonesian Copyright Law, did not provide a suitable freedom of panorama for free uses of images of copyrighted artistic works and architecture in public spaces.
Under the new Code of Copyright and Related Rights (2022), a freedom of panorama legal right is provided that is apparently based on Portuguese model:
- The use of works, such as, for example, works of architecture or sculpture, made to be kept permanently in public places;
- Original (Portuguese) text: A utilização de obras, como, por exemplo, obras de arquitetura ou escultura, feitas para serem mantidas permanentemente em locais públicos;[2022/Article 129(2)(o)]
COM:FOP Kazakhstan
Казахстан
Нема информации на располагање
COM:FOP Cambodia
Камбоџа
Не е во ред, only incidental ("not the main subject") inclusion is allowed. {{NoFoP-Cambodia}}
Cambodian copyright law does provide some form of freedom of panorama, but does not allow if the artistic works become the main subject of the subsequent reproduction (that is, further depictions). The "principle" on the English version is likely a typographical error, as "principle" is not used as an adjective in the English language. More likely, it should have been "principal".
- "If there is a clear indication of the author's name and the source of work, the following acts are not subjected to any prohibitions by the author: ... The reproduction of graphic or plastic work which is situated in the public place, when this reproduction doesn't constitute the principle [sic] subject for subsequent reproduction."[2003 Article 25]
Note: "Copyright protection expires 50 years after the death of the original author (who may be the architect, sculptor, or muralist) of a public artistic work of Cambodia.[2003 Article 30] On January 1st of the following year (ie. January 1 of the 51st Year), freely-licensed images of the author's sculptures, buildings, murals, or monuments are now free and can be uploaded to Wikimedia Commons. The lack of Freedom of Panorama is no longer relevant here for sovereign states with no formal FOP legal rights since the author's works are now copyright free."
COM:FOP Qatar
Катар
Не е во ред. For noncommercial purposes of personal use and illustration through teaching only. Under Chapter V, "Restrictions on Copyright and Neighboring Rights":
(1) using the work exclusively for personal use, through reproduction, translation, quotation, musical arrangement, acting, broadcast listening, television viewing, photography or by any other means; [7/2002 Article 18]
(2) using the work by way of illustration for teaching, through publications, broadcasts, sound or visual recordings, films or by any other means, to the extent justified by the purpose, provided that the use is nonprofit making and the source and the name of the author are indicated. [7/2002 Article 18]
COM:FOP 中国 / 中國
Кина
In general, Во ред , with attribution {{FoP-China}}, for outdoor and indoor works (since June 2021 with the 2020 amendment of the copyright law allowing indoor works[1]) but 
practically may be problematic with regards to images of 2D works like murals and permanent outdoor paintings (reference: Commons:Deletion requests/File:Mao Zedong portrait.jpg). To summarize:
- Во ред for architecture,
- Во ред for 3D works like sculptures (and possibly things like handicrafts, ceramics, and tiles), and
- generally Не е во ред for 2D works like murals and outdoor paintings, unless their presences in images are not being main subjects.
The reproduction of artistic, architectural, or applied artwork, is covered under the Copyright Law of the People's Republic of China, which allows reproduction of works in an outdoor public place if the author and the name of the original work is attributed.
- Article 24: In the following cases, a work may be exploited without the permission from, and without payment of remuneration to, the copyright owner, provided that the name or designation of the author and the title of the work are mentioned and the normal use of the work, or unreasonably damage the lawful rights and interests of the copyright owner shall not be affected:
(10) copying, drawing, photographing, or video recording of an artistic work located or on display in a public place;...
The provisions of the preceding paragraph shall apply to restrictions on copyright-related rights.
The "Copyright Law of the People's Republic of China" (2020) Article 24, 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 or designation of the author and the title of the work are mentioned and the normal use of the work, or unreasonably damage the lawful rights and interests of the copyright owner shall not be affected:
- copying, drawing, photographing, or video recording of an artistic work located or on display in a public place
Regulations and court decisions regarding to freedom of panorama:
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Civil Disputes over Copyright, Article 18: Artistic works in outdoor public places stipulated in Article 22, Item 10 of the Copyright Law refer to sculptures, paintings, calligraphy and other works of art that are set up or displayed in outdoor public places.
Copying, painting, photographing, and video recording of the artistic works specified in the preceding paragraph may be used again in a reasonable manner and scope without causing any infringement.
- Reply on the "Report on the Request for Infringement of Copyright Disputes between Shandong Tianyi Advertising Co., Ltd. and Qingdao Hisense Communications Co., Ltd." of the Shandong Provincial Higher People's Court, the Supreme People's Court: (Dispute on using May Wind sculpture in advertisements) ... Here, for 'reasonable approach and scope', the 'approach and scope' for profit purposes should be included. This is the original intention of formulating the Judicial Interpretation. This provision of judicial interpretation is in conformity with the basic spirit of fair use as stipulated by the Berne Convention, and it is also in line with the legislation of most countries in the world."
- Wang Juxian vs. Shaoxing Water Conservancy Bureau on Other Copyright Ownership Infringement Dispute Trial Supervision, The Supreme People's Court: As mentioned above, China's Copyright Law exempts the public from the obligation to attribute the author's name and the name of the work while exempting the author from the obligation to authorize and pay for the copying of the sculpture in the outdoor public place. Under normal circumstances, the public can only rely on the annotation of the outdoor art work itself to confirm the author's name and the name of the work without any obligation to verify.
The following examples are Во ред:
- Photos of the Tian Tan Buddha sculpture. See the court ruling of a civil law case, in which the court ruled that commercial use of a photo of the Tian Tan Buddha by a telecommunications operator on their IP phone cards is permissible.
- Photos of the May Wind sculpture. Shandong Province Higher People's Court ruled in a civil case that the usage of an image of this sculpture as a wallpaper in cellphones by a cellphone manufacturer is permissible. China's Supreme Court later on endorsed this ruling.
- Some limitations to the Chinese freedom of panorama as ruled by courts
- The Chinese FOP provision can hardly apply to works temporarily displayed in public places according to the reply by Supreme People's Court in 1995, which stated that works displayed only during the festival cannot be considered as "an artistic work located or on display in a public place".
- More recently, however, Chongqing Yuzhong District People's Court ruled in 2016 that the use of a photo of an outdoor sculpture on postcards for sale (commercial use without attribution) to be an infringement of the sculpture creator's rights (source: [1][2]). Note that the judge applied criteria pertaining to "fair use", including the purpose of reuse, the nature of use, and the consequences of use. Regarding the nature of use, the judge comments, "in this case, the photo contained in the 'Folklore Heritage' postcard issued by the advertising company is a full-body frontal photo of the sculpture of the 'Ciqikou night watchman', which is featured prominently in the picture and is the main vehicle for the postcard to express the design theme of 'Folklore Heritage', so this kind of use is not incidental."
- Regarding 2D works like outdoor paintings permanently installed in public spaces and murals, a recent court case by Beijing IP court (2020) gave a negative decision: "The Court believes that the general use of 2D art works by copyright owners is relatively simple, that is, copying works, creating derivative works on the basis of the original works for commercial use or authorizing others to do so. If a 2D art work is displayed in a public place, others can freely use it for commercial purposes after photographing, drawing or copying, the licensing and copyright owner's income will be seriously threatened, then the normal use of the work will be affected and the legitimate rights and interests enjoyed by the copyright owner will be prejudiced."
See also: Category:Chinese FOP cases. COM:FOP Cyprus
Кипар
Во ред {{FoP-Cyprus}}
The WIPO version of Copyright Laws 1976 to 1993, section 7(2)[2], 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 Kyrgyzstan
Киргистан
COM:FOP Kuwait
Кувајт
COM:FOP Laos
Лаос
COM:FOP Lebanon
Либан
COM:FOP Maldives
Малдиви
Не е во ред. The relevant section of the The Copyright & Related Rights Act (Law 23 of 2010), "Section 17: Reproduction, broadcasting and other communication to the public for informatory purposes" does not contain any language that indicates freedom of panorama.[23/2010 Section 17]
COM:FOP Malaysia
Малезија
Во ред {{FoP-Malaysia}}
According to Malaysian Copyright Act 1987, the right of control is excluded from "the reproduction and distribution of copies of any artistic work permanently situated in a place where it can be viewed by the public".[332/2006 Section 13(2)(d)] Section 3 defines "artistic work" as any graphic work, photograph, sculpture, collage, and work of architecture or artistic craftsmanship. Layout-designs of integrated circuits are not artistic works.
For the meaning of the term works of artistic craftsmanship, see "United Kingdom – Freedom of panorama".
COM:FOP မြန်မာပြည်
Template:မြန်မာပြည်
COM:FOP Mongolia
Монголија
COM:FOP Nepal
Непал
Не е во ред. There is no freedom of panorama in Nepal.[8/2002 Section 20]
COM:FOP United Arab Emirates
Обединети Арапски Емирати
COM:FOP Oman
Оман
Не е во ред Under Royal Decree No. 65/2008, protected works include "Works of drawing, painting, architecture, sculpture, lithography, printing on fabric, wood or metals, and any similar works in fine arts.[2008 Article 2(g)]
Article 20, which covers Free Uses of Works, makes no exemption for freedom of panorama.[2008 Article 20]
COM:FOP Pakistan
Пакистан
COM:FOP Russia
Русија
COM:FOP Saudi Arabia
Саудиска Арабија
COM:FOP North Korea
Северна Кореја
Во ред: {{FoP-North Korea}}
Under the Copyright Law of the Democratic People's Republic of Korea (as amended by Decree No. 1532 of February 1, 2006), A copyrighted work may be used without the permission ... when a copyrighted work in public places is copied.[1532/2006 Article 32.8]
COM:FOP Singapore
Сингапур
COM:FOP Syria
Сирија
COM:FOP Thailand
Тајланд
COM:FOP Tajikistan
Таџикистан
COM:FOP Turkmenistan
Туркменистан
Не е во ред. Only allowed for incidental, non-commercial use. Under Law No. 257-IV of January 10, 2012, permitted use includes:
- Reproduction, broadcasting or communication to the public by cable of works of architecture, photography or fine art permanently located in a place open to public access, except when the image of the work is the main subject or it is used for commercial purposes;[2012 Article 19(7)]
COM:FOP Türkiye
Турција
Во ред only for exterior architecture and artistic works permanently found on public streets, avenues, and squares. Не е во ред for interior architecture and artistic works found in other types of public places (like outdoor parks or museum indoors). {{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]
See also Commons talk:Freedom of panorama/Archive 9#Turkey for a discussion about Turkish freedom of panorama.
COM:FOP Uzbekistan
Узбекистан
COM:FOP Philippines
Филипини
COM:FOP Sri Lanka
Шри Ланка
Не е во ред The prevailing Intellectual Property Act, No. 36 of 2003 does not provide any freedom of panorama clause. The exceptions at Section 11 only deal with U.S.-style "fair use" like criticism, comment, news reporting, teaching, scholarship, and research.[36/2003 Section 11]
The now-repealed Code of Intellectual Property Act, No. 52 of 1979 had a limited freedom of panorama for films and television broadcasts only, as long as the source and name of the author of the works of art and architecture "permanently located in a place where they can be viewed by the public" were mentioned in the films or television broadcasts.[52/1979 Section 13(d)]
Sri Lankan copyright law was revised 2001–2003, dropping any direct reference to anything resembling "freedom of panorama". Still the legal right of the repealed law would not be compatible to Wikimedia Commons as it was for films and television broadcasts only, excluding photographs.
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 فلسطين / Palestine
Палестина
Во ред except "graphic works", courtesy of the 1911 Copyright Act. Under Section 2(1):
- The following acts shall not constitute an infringement of copyright:
- (iii) The making or publishing of paintings, drawings, engravings, or photographs of a work of sculpture or artistic craftsmanship, if permanently situate in a public place or building, or the making or publishing of paintings, drawings, engravings, or photographs (which are not in the nature of architectural drawings or plans) of any architectural work of art.
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.[3][2012 Art.21]
COM:FOP 中華民國
Република Кина
- OK for buildings only {{FoP-Taiwan}}
- Not OK for artistic works (sculptures, murals, and other non-architecture)
Article 58 of the "Copyright Act" states that:
- Artistic works or architectural works displayed on a long-term basis on streets, in parks, on outside walls of buildings, or other outdoor locales open to the public, may be exploited by any means except under the following circumstances:
- Reproduction of a building by construction of another building.
- Reproduction of a work of sculpture by production of another sculpture.
- Reproduction for the purpose of long-term public display in locales specified in this article.
- 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.
The Taiwan Intellectual Property Office upheld this exact and restrictive perspective on freedom of panorama in their two correspondences which are accessible online: Reply No.1111122 and Reply No.1111230. This not only replaces some inconsistent interpretations in the past which Wikimedia Commons accepted in 2018 (for 3D public art) and in 2020 (for 2D public art), but also reinstated the original standpoint of Wikimedia Commons regarding the Taiwanese freedom of panorama. A more recent correspondence from TIPO, Reply No.11260001910, reaffirms the prior replies and explicity states that the use of free Creative Commons licenses on photos of copyrighted public art (such as outdoor sculptures of Ju Ming and Hongtong village murals) as mandated by Wikimedia may result to copyright infringement as the licenses involve the use of those photos on post cards and other media in which the only purpose is to sell copies of the artistic work. TIPO suggested that the Creative Commons license terms should exclude "reproduction of artistic works solely for the purpose of selling copies of the said works."
Also, Article 64 states that:
- Who uses other people's works according to Article 44 to 47, Article 48 to Article 50, Article 52, Article 53, Article 55, Article 57, Article 58, and Articles 60 to 63, shall clearly indicate their origin.
- The source of the explicit source in the preceding paragraph shall be used in a reasonable manner except for those whose name is unknown or whose works are unknown.
See also these related discussions: in October 2021 and in January 2023 on Commons, and also an extensive discussion and debate over the matter in Chinese Wikipedia.
- Architecture vs. artistic works
Reply No.11260001910 reaffirms the standards of what is an architectural work in Taiwan, citing Section 4 the Building Act. Accordingly, a building "refers to the structures or miscellaneous works fixed on the ground or under the ground surface, having top covers, beams, columns, or walls, and used for individuals or the public." According to TIPO, if a certain work belongs to the categories of both architectural works and artistic works, the said work is still subject to the non-commercial restrictions of Taiwanese freedom of panorama at Article 58, paragraph 4.
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
Други подрачја
COM:FOP Akrotiri and Dhekelia
Акротири и Декелија
COM:FOP British Indian Ocean Territory
Британска Индоокеанска Територија
COM:FOP Macau
Макао
COM:FOP Hong Kong