Panoramafreiheit
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Panoramafreiheit, translated literally into English as Freedom of Panorama or Panorama Freedom, is a provision in the copyright laws of Germany that permits taking pictures or creating other images (such as paintings) of buildings and sculptures which are permanently located in a public place without infringing any copyright that may subsist in such works, and to publish such images.[1] Panoramafreiheit limits the right of the copyright owner to take action for breach of copyright against the photographer or anyone distributing the resultant image. It is an exception to the normal rule that the copyright owner has the exclusive right to authorize the creation and distribution of derivative works.
Many countries have similar provisions restricting the scope of copyright law in order to explicitly permit photographs involving scenes of public places or scenes photographed from public places. Other countries, though, differ widely in their interpretation of the principle.[1] It is defined in article 59 of the German Urheberrechtsgesetz,[2] in article 27 of the Swiss Urheberrechtsgesetz,[3] in section 62 of the United Kingdom Copyright, Designs and Patents Act 1988,[4] and it exists in several other countries. In the United States, there is no such encompassing rule;[5] the only similar article is 17 USC 120(a), which exempts the creation of pictorial representations of buildings from the architect's copyright.[6][7] In the European Union, Directive 2001/29/EC provides for the possibility of member states having a similar clause in their copyright laws, but does not require such a rule.[8] Some countries, such as France or Belgium, do not have this global permission for making images at public places at all and allow images of copyrighted works only under "incidental inclusion" clauses.[9]
The precise extent of this permission to make pictures in public places without having to worry about copyrighted works being in the image differs amongst countries.[1] In most countries, it applies only to images of three-dimensional works[10] that are permanently installed in a public place, "permanent" typically meaning "for the natural lifetime of the work".[3][11] In Switzerland, even taking and publishing images of two-dimensional works such as murals or graffiti is permitted, provided such images cannot be used for the same purpose as the originals.[3]
But there are also more subtle differences: Whereas in Germany the permission applies only if both the depicted work and the photographer were on public ground when the image was taken,[2] the photographer's location is irrelevant in Austria.[1] In many Eastern European countries, the copyright laws limit this permission to non-commercial uses of the image only.[12] Also, there are international differences in the definition of a "public place". In most countries, this includes only outdoor spaces (for instance, in Germany[2]) while some other countries also include public museums (this is for instance the case in the UK[4] and in Russia[13]).
There are also European countries (such as Italy[14]) where there is still no freedom of panorama at all. In Italy, despite many official protests[15] and a national initiative[16] led by the lawyer Guido Scorza and the journalist Luca Spinelli (the one who revealed the lack[14]), the publishing of photographic reproductions of public places is still prohibited, in accordance with the old Italian copyright laws.[17][18]
[edit] References
- ^ a b c d Seiler, D.: Gebäudefotografie in der EU – Neues vom Hundertwasserhaus, in Photopresse 1/2 (2006), p. 16. URL last accessed 2007-09-20.
- ^ a b c Seiler, D.: Fotografieren von und in Gebäuden, in visuell 5/2001, p. 50. See also §59 UrhG (Germany). URLs last accessed 2007-09-20.
- ^ a b c Rehbinder, M.: Schweizerisches Urheberrecht 3rd ed., p. 158, Stämpfli Verlag, Berne, 2000. ISBN 3-7272-0923-2. See also §27 URG (Switzerland). URL last accessed 2007-09-20.
- ^ a b Lydiate, H.: Advertising and marketing art: Copyright confusion. See also section 62 of the Copyright, Designs and Patents Act 1988. URLs last accessed 2007-09-20.
- ^ Lydiate, H.: "Public Sculpture", Art Monthly 11/2006. URL last accessed 2009-04-13.
- ^ Gorman, R.A.: Copyright law, 2nd ed., U.S. Federal Judicial Center, June 19, 2006, pp. 48, 166. URL last accessed 2007-09-20.
- ^ Brinson, D.: The Law for Photographers: Do I Need Permission?. URL last accessed 2007-09-20.
- ^ N.N.: Panoramafreiheit. URl last accessed 2007-09-20. See also Article 5(3)(h) of 2001/29/EC.
- ^ Koetz, D.: Erlaubnis zum Ablichten von Sehenswürdigkeiten, in Photographie 10/2002. URL last accessed 2007-09-20.
- ^ See e.g. Lydiate.
- ^ Dix, B.: Christo und der verhüllte Reichstag, February 21, 2002. URL last accessed 2007-09-20.
- ^ See e.g. for Russia: Elst, M.: Copyright, Freedom of Speech, and Cultural Policy in the Russian Federation, p. 432f; Martinus Nijhoff, Leiden/Boston, 2005; ISBN 9-004-14087-5.
- ^ Elst p. 432, footnote 268. Also see article 1276 of part IV of the Civil Code (in force as of January 1, 2008), clarifying this.
- ^ a b Spinelli, L. Wikipedia cede al diritto d'autore, Punto Informatico. URL last accessed 2008-08-21
- ^ Grillini, F. Diritto di panorama, parliamentary interrogation. URL last accessed 2008-08-21
- ^ Scorza, G., Spinelli, L., Dare un senso al degrado. URL last accessed 2008-08-21
- ^ Legge 22 aprile 1941 n. 633. URL last accessed 2008-08-21
- ^ Decreto Legislativo 22 gennaio 2004, n. 42. URL last accessed 2008-08-21
[edit] External links
- Photographing public buildings, from the American Society of Media Photographers.
- Derivative works from Chilling Effects.
- Millennium Park Photography: The Official Scoop, The Chicagoist, February 17, 2005.
- Information Sheet G11 from the Australian Copyright Council. See p. 6 on photographing buildings or artworks displayed in public places.
- MacPherson, L.: Photographer's Rights in the UK.
