Commons:Panorámaszabadság/Európa

Panoráma szabadsága
Afrika‌Amerika‌Ázsia‌Európa‌Ausztrália és Óceánia‌Others

Ez a lap áttekintést nyújt a panorámaszabadsággal kapcsolatos szerzői jogi szabályokról különböző európai országokban; az egyes országok szabályairól szóló lapok „beillesztéséből” áll, összehasonlításra vagy karbantartásra hasznos.

Európa országai

Szöveg beillesztve innen:
COM:FOP Albania

Albánia

Nincs adat

Szöveg beillesztve innen:
COM:FOP Andorra

Andorra

Nincs adat

Szöveg beillesztve innen:
COM:FOP Austria

Ausztria

Nincs adat

Szöveg beillesztve innen:
COM:FOP Azerbaijan

Azerbajdzsán

Nincs adat

Szöveg beillesztve innen:
COM:FOP Belgium

Belgium

 : {{FoP-Belgium}}

Since 1 January 2015, Belgian copyright law is defined by Title 5 of Book XI (intellectual property) of the Code on Economic Law. It replaced the Copyright Act of 30 June 1994. On 16 June 2016 the Belgian Parliament introduced freedom of panorama by adding the following to article XI.190 of the Code on Economic Law (translated here to English):

"Once a work has been lawfully published, its author may not prohibit: [...] 2/1°. reproduction and communication to the public of works of plastic, graphic or architectural art designed to be placed on a permanent basis in public places, provided that the reproduction or the communication of the work is as it is found there and that this reproduction or communication does not infringe upon the normal exploitation of the work and does not cause unreasonable harm to the legitimate interests of the author."^{[2018 Art.XI.190]}

The Act was signed into law on 27 June, published on 5 July, and took effect on 15 July 2016.

2022 amendment

A 2022 amendment to the law moved the restriction from "and that this reproduction or communication does not infringe upon the normal exploitation of the work and does not cause unreasonable harm to the legitimate interests of the author" from Art.XI.190 itself to Art.XI.192/3, where it now forms part of a common set of provisions restricting the scope of multiple exceptions. Translated here to English, it reads:

"Art. XI.192/3 The exceptions provided for in articles XI.189, XI.190, XI.191, XI.191/1, XI.191/2, XI/192 (Section 1, Paragraph 2), XI.192/1 and XI.192/2 are only applicable insofar as much as they do not affect the normal exploitation of the work or database and so not unjustly prejudice the legitimate interests of the rightsholder."^{[2022 Art.XI.192/3]}

Notes

• An explanation that was attached to a draft version of the freedom of panorama provision stated that the provision was intended to apply to locations that are permanently accessible to the public, such as public streets and squares, and that the provision was not intended to apply inside of public museums or other buildings that are not permanently open to the public. According to the explanation, if a work of art is situated inside a building that is not permanently open to the public, then the artist may not have expected public exhibition of the work.
• Before 15 July 2016, there was no panorama freedom in Belgium. Modern pieces of art could not be the central motive of a commercially available photograph without permission of the artwork copyright holder. See also this discussion from 2009.
• Another exception to copyright, de minimis, is stated in article XI.190 (previously article 22 in the 1994 act) of the law: "Once a work has been lawfully published, its author may not prohibit: [...] 2°. reproduction and communication to the public of a work shown in a place accessible to the public where the aim of reproduction or communication to the public is not the work itself [...]". These conditions need not be met any more if the conditions of freedom of panorama as stated above are met.

Szöveg beillesztve innen:
COM:FOP Bosnia and Herzegovina

Bosznia-Hercegovina

Nincs adat

Szöveg beillesztve innen:
COM:FOP Bulgaria

Bulgária

  , 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:

1. Please tag Bulgarian no-FoP deletion requests: <noinclude>[[Category:Bulgarian FOP cases/pending]]</noinclude>
2. "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."

Szöveg beillesztve innen:
COM:FOP Cyprus

Ciprus

Nincs adat

Szöveg beillesztve innen:
COM:FOP Czech Republic

Csehország

Nincs adat

Szöveg beillesztve innen:
COM:FOP Denmark

Dánia

Nincs adat

Szöveg beillesztve innen:
COM:FOP United Kingdom

Egyesült Királyság

Nincs adat

Szöveg beillesztve innen:
COM:FOP Северна Македонија

Észak-Macedónia

Nincs adat

Szöveg beillesztve innen:
COM:FOP Estonia

Észtország

Nincs adat

Szöveg beillesztve innen:
COM:FOP Belarus

Fehéroroszország

Nincs adat

Szöveg beillesztve innen:
COM:FOP Finland

Finnország

Nincs adat

Szöveg beillesztve innen:
COM:FOP France

Franciaország

Nincs adat

Szöveg beillesztve innen:
COM:FOP Greece

Görögország

   {{NoFoP-Greece}}

Note: Please tag Greek no-FoP deletion requests: <noinclude>[[Category:Greek FOP cases/pending]]</noinclude>

Under Law No. 2121/1993 as amended up to Law 5043/2023:

The occasional reproduction and communication by the mass media of images of architectural works, fine art works, photographs or works of applied art, which are sited permanently in a public place, shall be permissible, without the consent of the author and without payment.

— ^{[2121/2023 Article 26]}

It remains unclear what exactly "occasional reproduction and communication by the mass media" encompasses. Even if "communication by the mass media" is seen as an extension of mere "reproduction", the interpretation of "occasional" reproduction remain to be clarified by jurisdiction or an scholarly interpretation. See talk page for a discussion.

Copyright ends 70 years after the author's death. After that, the government might claim moral rights under certain conditions.^{[2121/2018 Article 29(2)]}

Szöveg beillesztve innen:
COM:FOP Georgia

Grúzia

Nincs adat

Szöveg beillesztve innen:
COM:FOP Netherlands

Hollandia

  for buildings and most 2D and 3D artwork {{FoP-Nederland}}

   for photographs, maps, applied art, industrial design, and models

Article 18 of the Dutch copyright act states that:

• it is not an infringement of copyright to reproduce and publish pictures of a work, as meant in article 10, first paragraph, under 6°[1] or of an architectural work as meant in article 10, first paragraph, under 8°[2], which are made to be permanently located in public places, as long as the work is depicted as it is located in the public space. Where incorporation of a work in a compilation is concerned, not more than a few of the works of the same author may be included
• [1] drawings, paintings, works of architecture and sculpture, lithographs, engravings and the like
• [2] drafts, sketches and three-dimensional works relating to architecture, geography, topography or other sciences.

Article 18 limits this explicitly to "works relating to architecture", i.e., geography, topography, and other sciences are not included in article 18. Photographs are not included in Item 6. They are separately listed in Item 9 and therefore are not included in FOP. Also separately listed and therefore not included are maps, applied art and industrial design, and models.

Public place in article 18 of the Dutch copyright law not only includes open-air spaces such as public roads and squares, but also the interior of public buildings. What exactly is a public building is not defined in the Dutch law, but there are some guidelines that can be taken from the published literature and from the parliamentary debates about this article when it was introduced in this version in 2004. Among the criteria to decide whether the interior of a building is a "public place" in the sense of article 18, parliament said that the building must be freely accessible by the general public and then mentioned two negative criteria: whether an entrance fee was charged, and whether access may be denied on private law grounds. (Other criteria may exist; these two were just mentioned as examples.)

Parliament and the literature explicitly mention that schools, opera buildings, entrance halls of businesses, and museums are not public places for the purpose of article 18, but that railway stations are. Case law in the Netherlands on "freedom of panorama" issues is scarce. In one case, the interior of the Johan Cruijff ArenA was deemed to not be a public place. In a second case, a photo of a building in a private holiday resort was considered covered by article 18 because the building was visible from public ground.

Taking these guidelines and the few court cases into consideration, we interpret "public place" (openbare plaats) in article 18 to cover works on open-air roads and squares as well as works visible from there, as long as they are outside. It also includes works in the interiors of only those buildings that primarily serve a transit purpose for the general public: railway stations are explicitly mentioned by the lawmakers, but arguably this would also apply to airports, underpasses, (covered) parking lots. Article 18 also seems to apply in shopping malls. It probably does not apply within the shops in such a mall. In all likelihood it does not apply to other indoors non-private places, such as hotels, cafés, or shops. It certainly does not apply in the locations specifically excluded by the lawmakers: schools, operas, entrance halls of businesses, and museums.

Article 18 is limited to works that were originally made for being placed permanently in public places. The literature mentions that this would also apply to graffiti, even if these normally are removed rather quickly. This is consistent with the interpretation of "permanent" e.g. in Germany as explained here; the "natural lifetime" of a graffito is considered to end with its removal. Furthermore, the picture must show the work as it appears in the public place. A photograph showing a sculpture in its surroundings is OK. Cutting out the sculpture and using only the image of the sculpture is not covered by article 18. Dutch legislature seems to favor a strict interpretation of the Berne three-step test. Parliament mentioned that creating and selling a postcard from a close-up photo of a copyrighted sculpture (i.e., without the surroundings, not showing the sculpture in context) was not allowed.

Szöveg beillesztve innen:
COM:FOP Croatia

Horvátország

Nincs adat

Szöveg beillesztve innen:
COM:FOP Ireland

Írország

Nincs adat

Szöveg beillesztve innen:
COM:FOP Iceland

Izland

   {{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.

Szöveg beillesztve innen:
COM:FOP Kazakhstan

Kazahsztán

Nincs adat

Szöveg beillesztve innen:
COM:FOP Poland

Lengyelország

 . {{FoP-Poland}} (exterior only)

The copyright act from February 4, 1994 in article 33 point 1 allows one to propagate works that are permanently exhibited on the publicly accessible roads, streets, squares or gardens provided that the propagation is not for the same use. The name of the creator and source should be provided if it is possible by article 34. This use is royalty free, provided that it does not harm the legitimate interests of the creator by article 34.

Szöveg beillesztve innen:
COM:FOP Latvia

Lettország

Nincs adat

Szöveg beillesztve innen:
COM:FOP Liechtenstein

Liechtenstein

Nincs adat

Szöveg beillesztve innen:
COM:FOP Lithuania

Litvánia

Nincs adat

Szöveg beillesztve innen:
COM:FOP Luxembourg

Luxemburg

Nincs adat

Szöveg beillesztve innen:
COM:FOP Hungary

Magyarország

Nincs adat

Szöveg beillesztve innen:
COM:FOP Malta

Málta

  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)]}

Szöveg beillesztve innen:
COM:FOP Moldova

Moldova

Under Law No. 230/2022 of 28.07.2022 on Copyright and Related Rights,

• The reproduction, broadcasting, communication to the public and making available to the public of the following acts shall be permitted without the consent of the author or rightholder and without payment of any remuneration in the following cases:... h) use of works, such as works of architecture or sculpture, intended for permanent location in public places;^{[230/2022 Art.57(h)]}

Prior to July 2010, there were commercial restrictions on such works similar to those of the Soviet Union, but an amendment (part of Law No. 139 of 2010) removed that restriction.

Free reproduction of artistic works (including commercial purposes) is:

•   for architecture and sculptures made to be located permanently in public places; per article 57(h)
•    for sculptures not made to be located permanently in public places
•    for paintings, drawings, engravings or photographs.

Please use {{FoP-Moldova}} to tag images from Moldova which meet Freedom of Panorama conditions.

Szöveg beillesztve innen:
COM:FOP Monaco

Monaco

 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

Szöveg beillesztve innen:
COM:FOP Montenegro

Montenegró

   Only non-commercial use is allowed. {{NoFoP-Montenegro}}

The Law on Amendments to the Law on Copyright and Related Rights (Official Gazette of Montenegro, No. 37/2011 and 53/2016) says,

• Permission is granted without acquiring the appropriate property rights and without paying a fee, to use works that are permanently exposed in parks, streets, squares and other public places.^{[53/2016 Art.55(1)]} The works ... 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 advantage.^{[53/2016 Art.55(2)]}

Szöveg beillesztve innen:
COM:FOP Germany

Németország

  {{FoP-Germany}}

See also: de:Panoramafreiheit#Deutschland

General

Under section 59(1) of the 1965 Act on Copyright and Related Rights (Gesetz über Urheberrecht und verwandte Schutzrechte) (UrhG), it is permitted to "reproduce, distribute and communicate to the public, by means of painting, drawing, photography, or cinematography, works located permanently in public streets, ways, or public open spaces".

Section 59(1) applies to all types of works as long as they are reproduced by painting, drawing, photography, or cinematography. The German freedom of panorama limitation is thus capable of applying to photographs of works of artistic art (such as paintings, fountains, sculptures, or photographic works) as well as to pictures of poems and song lyrics inscribed on commemorative plaques.

For the exception to arise, two principal conditions must be met: The work must be located in a place that is "public" and the work needs to be located there "permanently". The two conditions are discussed in more detail below.

Public

Despite the somewhat ambiguous wording, a work is located "in" a public place if it can be observed from a public place. In other words, what needs to be public is the place from where the photograph is taken; it does not matter if the work itself is accessible to the public. It is important to note that only the view from the public place is privileged: If, for instance, a statue is located next to a public street, photographs of the statue taken from that street enjoy freedom of panorama, but photographs of the very same statue taken from a non-public spot do not. Accordingly, the Federal Court of Justice held that a picture of a building taken from the balcony of a privately owned flat across the street did not comply with the requirements of § 59(1) because the balcony is not a public place. To simplify life for photographers and re-users of their pictures, there is a rebuttable presumption that if a given photograph of a work could have been made from a public place, it was in fact made from a public place.

When a photographer has used special tools (such as a ladder) to create the picture or has taken the picture after removing objects that otherwise would have shielded the work from the public eye (think of a photographer brushing aside the branches of a hedge to get a better view of a sculpture), § 59(1) cannot be relied upon for the resulting view is no longer part of what the general public can visually perceive from the public place. Based on the same reasoning, the Federal Court of Justice has held that aerial photography does not meet the requirements of § 59(1). (In a 2020 decision, a regional court challenged this view, holding that the decision of the Federal Court of Justice is no longer good law as EU law compels German courts to extend the freedom of panorama to photographs created from the airspace as long as the works shown are located in public spaces. In a separate case, however, a higher regional court in 2023 squarely rejected that position. The court did allow an appeal, though, which as of November 2023 is pending before the Federal Court of Justice.) There is some controversy in the legal literature as to whether telephoto lenses should also be treated as impermissible tools—the majority of commentators answers this in the affirmative.

Whether a place is "public" for purposes of § 59(1) does not depend on whether it is public or private property. Instead, the question turns on its actual accessibility, which, according to the prevailing view, needs to be such that one can infer a (sufficient) dedication to the public. Against this backdrop, many academic and extra-judicial commentators argue that publicly accessible station halls, subway stations, and departure halls fall short of the "public" requirement because they are not in the same way dedicated to the public as streets, ways, or public open spaces. The status of atria and passages is controversial. On the other hand, the place does not need to be accessible all the time. Graveyards are often cited as an example of a place that is public despite the fact that it is often closed during night hours. Private property that cannot be freely accessed, for instance because there is some type of access control in place (or even an entrance fee is charged), does not fall under § 59(1). Buildings such as museums, public collections, churches, or administrative buildings are not "public" within the meaning of the statute, and thus photographs of works exhibited in their interior do not qualify for § 59(1).

The location alternatives listed in § 59(1) ("streets", "ways", and "open spaces") are merely illustrative; freedom of panorama also extends, inter alia, to what can be seen from international and coastal waters, waterways, and ocean harbours.

Permanent

Permanently located in a public place (see Bundesgerichtshof 27 April 2017, case I ZR 247/15 AIDA Kussmund, (2017) 119 GRUR 798): protected work of art ("Smiling Lips") on the bow and the hull of a cruise ship
(design by Feliks Büttner; pictured here near Funchal, Madeira)

Permanently located in a public place (see Bundesgerichtshof 19 January 2017, case I ZR 242/15 East Side Gallery, (2017) 119 GRUR 390): protected work of art on a remaining section of the Berlin Wall
("Hommage an die junge Generation" by Thierry Noir, East Side Gallery)

Permanently located in a public place (see Oberlandesgericht Köln 9 March 2012, case 6 U 193/11 Liebe deine Stadt, (2012) 16 ZUM-RD 593) based on having been in place for five years: installation by Merlin Bauer (protected as a work of art) on a rooftop in Cologne, Germany, Nord-Süd-Fahrt

To meet the condition as to permanence, a work does not need to remain at its location during its entire existence. According to the Federal Court of Justice, the proper test is whether the display or the erection of the work in a public place, as perceived by an objective observer, serves the purpose of a not-merely-temporary presentation. In a more recent decision, the Court clarified that a work is permanently located in a public place if "from the point of view of the general public, [it is] intended to remain in the public place for a long, mostly indefinite, period of time". On that basis, the Court determined that a work presented to the public for just two weeks—the so-called Wrapped Reichstag—cannot be reproduced under § 59(1). In the same vein, a regional court held that an artistic "grass sofa" installed in a freely accessible garden for many years without any indication of an end date of the exhibition, is located there permanently. These cases must be distinguished from the case of ephemeral works, such as ice or sand sculptures, or chalk paintings on streets, whose lifetime is limited by certain natural constraints; leading academic commentaries almost universally consider such works permanent even though they often exist only for a short period of time. The same position is usually taken with respect to graffiti on exterior walls (which in all likelihood will be painted over sooner or later).

Works displayed in shop windows do not fall under § 59(1) due to a lack of permanent display. There is some controversy in the literature over the permanent nature of posters on advertising columns and similar structures.

In order to be located "permanently" in a public place, a work does not need to remain in one and the same place—its location may change. Accordingly, the Federal Court of Justice held that a protected work of art on the bow of a cruise ship meets the "permanence" condition because the artwork and the cruise ship "are intended to be located for a long time in (different) public places". In the view of the Court, this seems to apply more broadly to "street cars, omnibuses, or even freight vehicles", which are "increasingly being used as an advertising medium and at least a non-negligible share of the designs attached to such vehicles are copyright-protected as works of applied art".

Additional requirement for architectural works

In the case of architectural works, the freedom of panorama provision is applicable only to the external appearance. Therefore, pictures of interior staircases and interior courtyards cannot be used under § 59(1) even if all of the above-described conditions are met.

Prohibition of alteration

Section 59(1) does not permit the use of modifications of the depicted work. Therefore, when the photographer of a horse sculpture digitally changed the colour of the horse and digitally added a Santa hat to it, a regional court found that he could no longer use the resulting picture under the freedom of panorama. The same conclusion was reached by a higher regional court when a photographer digitally altered the colour of a protected sign ("Liebe deine Stadt", pictured) and the colour of the sky visible in the background of his photograph. Modifications that directly result from the chosen method of reproduction are permitted. Partial reproductions are generally allowed, even if essential parts of the work are left out and even if it would be possible to reproduce the work as whole.

Acknowledgement of source

The source of the work must be clearly acknowledged. The "source" generally includes the name of the author, but goes beyond that, in that it shall enable a third party to identify the copy of the work that was depicted.

While it is straightforward to apply the attribution requirement when the author is identified directly on/next to the particular copy of the depicted work, it is not entirely clear whether a photographer needs to undertake research (and if so, how thoroughly) when the author is not named on (in the vicinity of) the particular copy. It is widely believed that those who rely for their communication to the public on the freedom of panorama need to undertake a reasonable effort to identify the author, but the interpretations of that differ. Professor Dreier argues in his treatise, for instance, that when using pictures of works of architecture or applied art, less of an effort can be expected than in the case of pictures of works of fine art; Dreyer J, writing extra-judicially, points out that what is reasonable depends primarily on the intensity of the use (publishers printing post cards depicting a work vs tourists giving photographs of a work to their acquaintances as gifts); and Professor Götting argues that it seems unreasonable to him to make the user of a picture of an unsigned architectural work research the name of the author.

Szöveg beillesztve innen:
COM:FOP Norway

Norvégia

  for buildings {{FoP-Norway}}.   , non-commercial use only for other works like sculptures.

Under the Act No. 40 of June 15, 2018,

• A work can be depicted when it is permanently placed on or near a public space or road or similar publicly accessible place. However, this does not apply when the work is clearly the main subject, and the reproduction is used commercially. Buildings can be depicted freely.^{[2018 §31]}

This seems to imply that photographs of artistic works in public places are allowed if the depiction of the works is de minimis.

Szöveg beillesztve innen:
COM:FOP Italy

Olaszország

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]}. Some objects are even subject to additional non-copyright restrictions (see below).

•    {{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.

However, objects in public places can still be exempt from copyright for other reasons:

•   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.
•   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

Images of public domain landmarks of Italy like Palermo's Teatro Massimo (whose last-surviving architect died in 1897) may be subject to restrictions on commercial use. In a particular case for this building, the courts of Florence and Palermo ruled in 2017 that a bank's use of the image of this public domain building for their advertisement infringes the rights of Teatro Massimo Foundation who exclusively owns the images of the building. (Società Italiana Brevetti S.p.A. article, IPlens article)

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 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.

Szöveg beillesztve innen:
COM:FOP Russia

Oroszország

•   for buildings: {{FoP-Russia}}
•   for works of garden design: {{FoP-Russia}}
•    for artwork, including sculptures: {{NoFoP-Russia}}

Article 1276 of Part IV of the Civil Code of the Russian Federation states:

• Free Use of Work Permanently Situated in Places Open for Free Attendance
  1. It is allowed without the consent of the author or other right holder and without paying a fee to reproduce and distribute produced copies, to transmit on air or through a cable, to bring to public knowledge works of fine arts or photographic works which are permanently located in a public place, except if the image of the work is the main object of use or the image of a work is used for the purpose of deriving profit.
  2. It is allowed to freely use by way of reproduction and distribution of produced copies, transmission on air or through a cable, bringing to public knowledge in the form of images the works of architecture, town-planning and landscape arts located in a public place or visible from that place.

The FoP exceptions for works of architecture, urban development, and garden and landscape design, which were added under consultation with Wikimedia Russia, have taken effect with the Civil Code amendments as of October 1, 2014.

Concerning non-architectural artwork, there is still a copyright exception for non-commercial use, but non-commercial use only is not allowed on Commons and unfortunately, we don't have sufficient number of court decisions to clarify the situation.

• An important court decision states that the copying of a showcase photo is not a creation of a 3D-object in 2 dimensions. See discussion at Commons:Форум/Архив/2010#Судебное решение о фотографиях трёхмерных объектов.
• A recent court case (2019–21) regarding a Yekaterinburg sculpture used commercially by a postcard company concluded in the Supreme Court, which overturned the decisions of the lower courts and returned the case to the court of first instance that denied the sculptor's copyright infringement claim. The latter court ruled that the monument was only reproduced in one of the postcards in a set, making it not the main subject of the entire postcard set.

Before January 1 2008, freedom of panorama was regulated by the similar (but not the same) article 21 of Copyright Law of Russia.

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, 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."

It is not clear if copyrighted buildings in Crimea are subject to the Russian or the more restrictive Ukrainian law. Following the Commons precautionary principle, images of knowingly unfree Crimean buildings should not be uploaded to Commons. See Commons:Village_pump/Copyright/Archive/2014/09#Buildings_in_Crimea. Nevertheless, photographic work created in Crimea before February 19, 1954 is the subject of the Russian law.

Szöveg beillesztve innen:
COM:FOP Armenia

Örményország

Nincs adat

Szöveg beillesztve innen:
COM:FOP Portugal

Portugália

  {{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.

Szöveg beillesztve innen:
COM:FOP Romania

Románia

  , non-commercial only. Under Law No. 8 of March 14, 1996 on Copyright and Neighboring Rights,

• The following uses of a work already disclosed to the public shall be permitted without the author’s consent and without payment of remuneration, provided that such uses conform to proper practice, are not at variance with the normal exploitation of the work and are not prejudicial to the author or to the owners of the exploitation rights:^{[8/1996 Art.33(1)]}
• ... the reproduction, to the exclusion of any means involving direct contact with the work, distribution or communication to the public of the image of an architectural work, work of plastic art, photographic work or work of applied art permanently located in a public place, except where the image of the work is the main subject of such reproduction, distribution or communication, and if it is used for commercial purposes;^{[8/1996 Art.33(1)(f)]}

Wikimedia Commons does not allow content that is restricted to non-commercial uses only, see Commons:Licensing#Acceptable licenses for more information.

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."

Szöveg beillesztve innen:
COM:FOP San Marino

San Marino

  . There is no provision for freedom of panorama of any sort under San Marino law.

See also: Category:San Marinese FOP cases.

Szöveg beillesztve innen:
COM:FOP Spain

Spanyolország

 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. In other cases, such as the verdict nº195/2014 from the Audiencia Provincial de Madrid, 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"). 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". 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.

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.".

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.

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.

Szöveg beillesztve innen:
COM:FOP Switzerland

Svájc

 . {{FoP-Switzerland}}

Under Article 27 of the Copyright Act, a work permanently situated in a place accessible to the public may be depicted and the depiction offered, transferred, broadcast or otherwise distributed. The depiction must not be three-dimensional and it must not be possible to use the depiction for the same purpose as the original (in the German text of the Copyright Act: "nicht zum gleichen Zweck wie das Original verwendbar"). It is therefore, for example, not allowed to reproduce copyrighted paintings from a permanent outdoors exhibition and to use them for another exhibition.

Freedom of panorama does not apply to works located in interior spaces.

Accessible to the public

• The place must be accessible to the public on a de facto basis. The legal ownership status of the place is irrelevant to the applicability of the provision.
• The depicted work itself does not have to be accessible to the public. Freedom of panorama also applies to a work on private (not publicly accessible) grounds provided it can be seen with the naked eye from a place accessible to the public.

• The place does not need to be accessible to the public all the time. If a park is closed during night hours, it may still be “accessible to the public” within the meaning of Article 27 provided the other criteria are met.
• Following the majority view in the legal literature, if the place is only accessible to certain categories of persons, such as pupils and high school staff, it is no longer “accessible to the public”. Commentators do not agree whether charging entrance fees also makes the place "not public" and therefore not subject to Article 27.
• Following the majority view in the legal literature, freedom of panorama does not apply to interior spaces. Hence Article 27 cannot be invoked for depictions produced in the staircase or the rooms of a building. It is recognized in the literature that in some cases it can be difficult to determine what constitutes an “interior space”. Part of the literature suggests a differentiation of interior spaces from interior courtyards, with only the latter fulfilling the requirements of Article 27. However, definition problems remain, for instance, in the case of station halls or shopping arcades which, consequently, are assessed differently by commentators. It is generally held that the interior of a church cannot be depicted under Article 27.
• Commons opinion is that stained glass windows should be considered part of interior spaces.

Permanently situated

• A work is not “permanently situated” within the meaning of the law if it is only visible by accident (e.g. whilst being transported).
• It is controversial what is required to fulfill the feature “permanently situated”. According to one widespread view, this requires that the (objective) intent of the copyright holder is to indefinitely present the work in/at a publicly-accessible place.A minority view holds that freedom of panorama can also apply to a work such as a sculpture otherwise located inside a museum that is accessible to the public as part of a temporary exhibition. Whether Christo’s “wrapped works” can be depicted under Art. 27 is controversial. Posters in public are not considered “permanently situated” by the literature.
• Works whose lifetime is restricted by natural conditions, such as ice sculptures or chalk paintings on streets, are nevertheless considered permanent.

General

• Applicability to all works: Article 27 applies to all categories of protected works.
• Modifications: Modifications of the work are not allowed (Art. 10 URG). Article 11 prohibits the distortion of the work. However, modifications required due to the reproduction method used are generally considered permitted.

Szöveg beillesztve innen:
COM:FOP Sweden

Svédország

===Public art===

 Unsure but in accordance with Wikimedia Foundation's 2017 statement,   and do not delete photos based only on the court ruling — On 4 April 2016, the Supreme Court of Sweden ruled, that Article 24 does not extend to publication by [Wikimedia Sweden] in their online repository offentligkonst.se, regardless of commercial intent. See also: {{FoP-Sweden}}

Under Act 1960:729 with consolidated amendments up to Act (2017:323) Article 24, the first paragraph of which ('works of art...') was ruled not to apply to online publication:

23. Bestämmelsen i 24 § första stycket 1 upphovsrättslagen, där inskränkningen i upphovsmannens ensamrätt är begränsad till avbildningar, ger inte Wikimedia rätt att från sin databas med fotografier av konstverk, stadigvarande placerade på eller vid allmän plats utomhus, överföra verken via internet till allmänheten. Huruvida förfogandet sker i kommersiellt syfte saknar betydelse. De hänskjutna frågorna ska besvaras i enlighet med detta.

— Point 23 of the ruling of the Swedish Supreme Court.

Translation:

23. The provision in § 24, first paragraph, 1 of the Copyright Act, where the restriction on the author's exclusive right is limited to reproductions in pictorial form, does not give Wikimedia the right to transmit the works via the Internet to the public from its database of photographs of works of art, permanently placed in or at a public place outdoors. Whether the disposal is for commercial purposes is irrelevant.

The reason BUS chose to target the site "offentligkonst.se" and not Wikimedia Commons was (probably) the fact that it made an intrusion to a right previously negotiated between BUS and the municipalities of Sweden (owners of the public art). The supreme court also used the requisite of a database for the ruling, not the publication of the images by themselves.

21. ... Det handlar här om en avvägning i förhållande till det syfte som databasen ska tillgodose (se p. 1). Detta syfte ligger i och för sig inom ramen för vad som kan ses som ett allmänt intresse. En databas av nu aktuellt slag öppnar emellertid för en stor användning av upphovsrättsligt skyddade verk, utan att någon ersättning betalas till upphovsmännen. Det blir därmed fråga om en betydligt större inskränkning i deras ensamrätt än vad bestämmelsen syftar till.

— Point 21 of the ruling of the Swedish Supreme Court.

Translation:

21. ... This is a trade-off in relation to the purpose that the database is to serve (see p. 1). This purpose is in itself within the framework of what can be seen as a public interest. However, a database of the current type allows for a large use of copyrighted works, without any compensation being paid to the authors. It is thus a question of a much greater restriction on their exclusive right than what the provision aims at.

Before the ruling, it was widely believed that the exception in § 24 of the Swedish copyright law applied, permitting depiction of works of art. The exception reads as follows:

Works of fine art may be reproduced in pictorial form

• if they are permanently located on, or at a public outdoor location,^{[729/1960-2017 §24.1]}
• if the purpose is to advertise an exhibition and sale of works of art, but only to the extent necessary to promote the exhibition or sale,^{[729/1960-2017 §24.2]} or
• if they are part of a collective work, in a catalog, but not in digital form.^{[729/1960-2017 §24.3]}

Buildings may be freely depicted.^{[729/1960-2017 §24.3]}

Bildkonst Upphovsrätt i Sverige (BUS, a collection society for visual arts), hold the position, that Article 24 does not apply to publication online. Others, such as the Swedish Wikimedia chapter, reject this position.

The Swedish Wikimedia chapter was sued in 2014 by BUS for alleged copyright violations of outdoor sculptures by providing a website that allows users to view locations of artwork on a map with links to photographs hosted on Wikimedia Commons.

On 4 April 2016, the Supreme Court of Sweden ruled that the first paragraph of Article 24 does not extend to publication in an online repository, regardless of commercial intent.

The implications of that ruling were discussed.

On 6 July 2017, the Patent and Market Court at Stockholm District Court said it thinks that the Article 24 does not give anyone the right to publish photographs of copyrighted public art on the Internet without the consent of the depicted work's author, and ordered the Swedish Wikimedia chapter to cease from further distribution, and to pay damages and court costs. The ruling was not appealed.

Following the WMF official statement on 9 August 2017, it's strongly recommend not to submit any deletion requests just based on simple reasons like "no FOP for artworks in Sweden", and try the best to keep the de facto uploads, with {{FoP-Sweden}} template permanently tagged. If for some other reasons than FOP that the affected files must be nominated for deletion, a Swedish-speaking user must be participated in the related deletion request to explain so. Lásd még: Commons talk:Copyright rules by territory/Sweden#Swedish FOP?

Information boards and maps

 Not OK Information boards and maps are considered works of literature and are not covered by Article 24.

Architecture

 Unsure but in accordance with Wikimedia Foundation's 2017 statement,   and do not delete photos based only on the court ruling. Architecture is covered in the second paragraph of Article 24:

Byggnader får fritt avbildas.

The paragraph was not discussed in the BUS vs WMSE case. However, WIPO gives a different perspective. Citing the BUS case, WIPO (2022, p. 20) states that "the Supreme Court of Sweden has held that Wikimedia required a license from the relevant right holder in order to lawfully display images of copyright-protected buildings."

Security

Swedish security law (2010:305) dictates, that it is illegal to depict certain sensitive locations in any form. However, this is a non-copyright restriction, and has not been upheld by the community as a limitation of copyrights as discussed on this page.

Szöveg beillesztve innen:
COM:FOP Serbia

Szerbia

  {{FoP-Serbia}}, if the work is displayed in an open public space. Under the 2009 copyright law,

• Any work that is permanently displayed in a street, a square or some other open public place may be reproduced in two dimensions and its copies thus made may be distributed, as well as communicated to the public in some other way, without the author's permission and without paying remuneration.^{[104/2009 Art.51]}

Szöveg beillesztve innen:
COM:FOP Slovakia

Szlovákia

  {{FoP-Slovakia}}

Under Act No. 185/2015 Coll. as amended by Act No. 125/2016 Coll,

• Copyright is not infringed by a person who without authorisation of its author uses the work permanently situated in public places by making copies, communication to the public or public distribution by transfer of title.^{[125/2016 Section 41(1)]}
• The above does not apply to making a copy of architectural work by means of building.^{[125/2016 Section 41(2)]}

Szöveg beillesztve innen:
COM:FOP Slovenia

Szlovénia

   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)]}

  for all works whose creators died or published them anonymously or pseudonymously (and have remained anonymous or pseudonymous) in 1953 or earlier.

• 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 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. 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.

Szöveg beillesztve innen:
COM:FOP Türkiye

Törökország

  only for exterior architecture and artistic works permanently found on public streets, avenues, and squares.    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.

Szöveg beillesztve innen:
COM:FOP Ukraine

Ukrajna

  , non-profit use only. {{NoFoP-Ukraine}}

A freedom of panorama exception was added in the Law of Ukraine No. 2811-IX of December 1, 2022, on Copyright and Related Rights, under Article 22(10). It is now permissible "creation of images of works of architecture and fine arts permanently located in places accessible to the public on the street, provided that such actions do not have independent economic value."

The condition "provided that such actions do not have independent economic value" seems to imply that images of such works in public spaces should not be made for the purpose of making profit. Regardless of the clarity of the condition, it still does not fit the licensing requirements of Wikimedia Commons, which only allows content that is licensed for any uses, including commercial uses. Non-commercial content is not allowed. See also Commons:Village pump/Copyright/Archive/2023/05#NEW copyright law of Ukraine.

Before 2023, Law of Ukraine No. 3792-XII of December 23, 1993, on Copyright and Related Rights (with latest version from 2017) did not contain a freedom of panorama exception. It is claimed, though, that article 21(4) of the old law implied some kind of "freedom of panorama" (claim was repeated here):

• ...it shall be permitted without the consent of the author (or other copyright holder) and with mandatory indication of the author's name and of the source of borrowing: ... to reproduce, in order to highlight current events by means of photography or cinematography, to carry out public notification or other public communication of the works seen or heard in the course of such events to the extent justified by the informational purpose.^{[3792-XII/199-2017 Art.21(4)]}

This, however, is limited to "informational purposes" and to "current events". It is not general freedom of panorama but a "fair use"-like provision for news reporting.

Indeed, four separate court rulings during 2007–09 affirmed the lack of commercial freedom of panorama in Ukraine, all involving exploitations of Vasyl' Borodai's (1917–2010) 1982 sculpture Monument to the Founders of Kyiv by four different entities during late 1990s and early 2000s. According to Shtefan (2019), "all these cases went to trial and in each case the courts came to the conclusion that the author's rights were not respected." (article, page 23)

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 in Ukraine since the author's works are now in the public domain.

However, there's also a consensus that utilitarian buildings such as the New Safe Confinement (cf. a 2021 deletion request) are not considered copyrightable.

Szöveg beillesztve innen:
COM:FOP Vatican City

Vatikán

Nincs adat

Különleges státuszú terület

Szöveg beillesztve innen:
COM:FOP Akrotiri and Dhekelia

Akrotíri és Dekélia

Nincs adat

Szöveg beillesztve innen:
COM:FOP Faroe Islands

Feröer

Nincs adat

Szöveg beillesztve innen:
COM:FOP Gibraltar

Gibraltár

Nincs adat

Szöveg beillesztve innen:
COM:FOP Bailiwick of Guernsey

Guernsey Bailiffség

 : for buildings, sculptures and works of artistic craftsmanship.   : 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)]}

Szöveg beillesztve innen:
COM:FOP Jersey

Jersey

Nincs adat

Szöveg beillesztve innen:
COM:FOP Isle of Man

Man-sziget

  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)]}

Szöveg beillesztve innen:
COM:FOP Svalbard

Template:Svalbard

Korlátozott elismerés

Szöveg beillesztve innen:
COM:FOP Abkhazia

Abházia

Nincs adat

Szöveg beillesztve innen:
COM:FOP South Ossetia

Dél-Oszétia

Nincs adat

Szöveg beillesztve innen:
COM:FOP Transnistria

Dnyeszter Menti Köztársaság

Nincs adat

Szöveg beillesztve innen:
COM:FOP Northern Cyprus

Észak-Ciprus

Nincs adat

Szöveg beillesztve innen:
COM:FOP Kosovo

Koszovó

 , {{FoP-Kosovo}}.

The freedom of panorama provision of the previous laws, Article 54 of Law No. 2004/45 (2007) and Article 53 of Law No. 04/L-065 (2011), only permitted non-commercial uses of works found in public spaces.

The freedom of panorama provision of the new law (Law No. 08/L-205) is patterned after the European standards:

• It shall be permitted without the consent of the author or other holder of copyright and without payment of remuneration:...use of works, such as works of architecture or sculpture, made to be located permanently in public places.^{[2023 Art.49.1.12]}

Szöveg beillesztve innen:
COM:FOP United Nations Buffer Zone in Cyprus

zöld vonal

Nincs adat

részben európai

Panoráma szabadsága
Afrika‌Amerika‌Ázsia‌Európa‌Ausztrália és Óceánia‌Others

Some citation text may not have been transcluded