Commons:Freedom of panorama/Africa
This page gives overviews of freedom of panorama rules in different countries or territories of Africa. It is "transcluded" from individual page sections giving the rules for each territory.
Countries of Africa
[edit]COM:FOP Algeria
Algeria
According to article 50 of the Algerian copyright law 2003, it shall be lawful to reproduce or to communicate to the public, without authorization of the author and without remuneration, a work of architecture or the fine arts, a work of applied arts or a photographic work that is permanently situated in a public place, with the exception of art galleries, museums and classified cultural or natural sites.[Law of 2003, Art.50]
The freedom of panorama clause was introduced in the 1997 copyright law of Algeria.[Law of 1997, Art.51] Prior that, a limited freedom of panorama right for use by cinematography and TV broadcasts existed in the 1973 copyright law of Algeria.[Law of 1973, Art.27]
COM:FOP Angola
Angola
OK, use {{FoP-Angola}} when needed.
Article 51.º 1.c) of Lei n.º 15/14 de 31 de Julho (Angola Copyright Law) states that reproduction of works permanently on display at public locations is allowed without the author's authorization, given that the title and name of the author of the work are stated, and that their genuinity and integrity is respected.[15/2014 Art.51.1]
COM:FOP Benin
Benin
Not OK: Based on the 2006 law, reporting or current events purposes only for photography, and full freedom of panorama for film and television broadcasts only.
For the purpose of reporting of a current event by means of photography or cinematography or through aural or visual broadcasting, the recording, reproduction and public communication of literary or artistic works that may be seen or heard during such event shall be lawful, to the extent justified by the intended informatory purpose.[2006 Art.17]
Reproduction for the purposes of cinematography, broadcast and public communication of works of art and architecture that are permanently located in a public place or whose inclusion in a film or broadcast is merely secondary or incidental to the main subject matter shall be lawful.[2006 Art.18]
The restricted Beninese freedom of panorama in the 1984 law – for both audio-visual media and current events reporting only – was identical to the freedom of panorama of the current, 2006 law.[1984 Art.15 and 16]
COM:FOP Botswana
Botswana
Not OK: The Act of 2006 makes no provision for freedom of panorama other than "the reproduction and the broadcasting or other communication to the public, for the purpose of reporting current events, of short excerpts of a work seen or heard in the course of such events, to the extent justified by the purpose;"[2006 Section 18.b]
COM:FOP Burkina Faso
Burkina Faso
Not OK, noncommercial only: the Burkinabe freedom of panorama is limited only to noncommercial purposes (which is incompatible with Commons:Licensing). However, a photo that only incidentally includes architecture or sculpture should be fine.
- In derogation of the author’s rights, reproducing, broadcasting or communicating to the public by cable an image of a work of architecture, a work of fine art, a photographic work or a work of applied art which is permanently located in a place open to the public shall be permitted, except where the image of the work is the main subject of such reproduction or communication and where it is used for commercial purposes.[1999 Article 25]
COM:FOP Burundi
Burundi
Not OK: the Burundian freedom of panorama is not free enough to allow publications of images of protected works of architecture and public art in commercial media like advertisements and websites, thus does not meet with Commons:Licensing. See also a related discussion here.
Under Burundi Act 1/021 2005 Article 26/4:
- The reproduction of works of art or of architecture through cinematography or television and the communication of such works to the public if such works are permanently located in a place where they can be viewed by the public or are included in the film or program by way of background or as incidental to the essential matters represented.
- Similarly, the reproduction of works of architecture through photography, cinematography, television or any other similar process, in addition to the publication of corresponding photographs in the press, periodicals and textbooks, shall be free and may not give rise to copyright payment.
COM:FOP Cameroon
Cameroon
Not OK, only non-commercial use is allowed.
Under Cameroon's Law on Copyright and Neighboring Rights, enacted in 2000, there is freedom of panorama for artwork and architecture permanently located in a public place, but only for non-commercial uses:
- Works of art, including works of architecture, permanently kept in a public place, may be reproduced and made available to the public through photographic and audiovisual means.[2000/011 Section 32(1)]
- Any exploitation for profit of these reproductions without the prior authorization of the author of the works referred to in the preceding paragraph shall be unlawful.[2000/011 Section 32(2)]
COM:FOP Cape Verde
Cape Verde
Not OK Limited to incidental or non-commercial use.
The following embodiments of works already lawfully published or disclosed shall be lawful, irrespective of authorization of the respective author and without any need for compensation, as long as the authenticity and integrity of the title and the name of the author are mentioned and respected: ... (d) reproduction, broadcasting or communication, by any other means, to the public, of the image of a work of architecture, three dimensional arts, photography or applied arts, which is kept permanently in a place open to the public, except if the image of the work is the main subject of the reproduction, broadcasting or communication in question, and if it were used for commercial purposes.[2009 Article.62.1(d)]
COM:FOP Central African Republic
Central African Republic
Not OK. For photographs, drawings, paintings etc. of protected works of art or architecture. OK for films, radio and television broadcasts of protected works if permanently in a public place or included only incidentally.
Chapitre II: Limitation permanente of the 1985 law includes the following:
- Article 11 allows copying, performance or broadcasting of protected works for non-commercial private or family use, or for scholarly or religious use.
- Article 14 allows reproduction and communication to the public of literary, artistic or scientific works when reporting a news event by photography or film to the extent necessary to convey the information.
- Article 15 allows reproduction for cinematography, radio or television broadcasting of works of art or architecture if placed permanently in a public place or if its inclusion is accessory or incidental to the main subject.
COM:FOP Chad
Chad
Not OK if the work is the main subject and if the reproduction of it is used for commercial purposes. OK if the work is incidental (Commons:De minimis).
As an exception to copyright, it shall be permitted to reproduce, broadcast or communicate by cable to the public an image of a work of architecture, a work of fine art, a photographic work or a work of applied art that is permanently located in a place open to the public, except where the image of the work is the main subject of such reproduction or communication and where it is used for profit making purposes.[005/PR/2003 Article 37]
COM:FOP Comoros
Comoros
Not OK because:
- The 1957 law has no clauses about FOP; and
- While Bangui Agreement has a FOP clause, that's for non-commercial purposes only, and only allow stuffs to be reproducted as films.
COM:FOP Democratic Republic of the Congo
Democratic Republic of the Congo
Not OK: According to the 1986 copyright law,
- The reproduction of an architectural work by means of photography, cinematography, television or any other similar procedure, as well as the publication of the corresponding photographs in newspapers, journals and school textbooks, shall be lawful and may not give rise to payment of copyright.[86-033/1986 Article 28]
- The reproduction in a film or television program of figurative works of art that are permanently located in a public place or included in the film or program in a way that is incidental to the main subject, shall not require authorization from the author.[86-033/1986 Article 29]
Neither is free enough for Wikimedia Commons.
COM:FOP Republic of the Congo
Republic of the Congo
Not OK: Incidental use only for photography. Free use in film and television.
Under the 1982 law, the following uses of a protected work, either in the original language or in translation, shall be permissible without the author's consent.[24/82 Art.33]:
- For the purposes of reporting on a current event by means of photography, cinematography or communication to the public, the reproduction or making available to the public, to the extent justified by the informatory purpose, of any work that can be seen or heard in the course of such current event.[24/82 Art.33(3)]
- The reproduction of works of art and of architecture, in a film or a television broadcast, and the communication to the public of the works so reproduced, if those works are permanently located in a place where they can be viewed by the public or are included in the film or in the broadcast only by way of background or incidental to the main subject.[24/82 Art.33(4)]
COM:FOP Djibouti
Djibouti
Not OK: Photography, drawing, painting etc. apart from justified inclusion in reports of current events.
OK: Film or television of works of art or architecture located permanently in a public place, or incidental use of works in film or television. Note that the film or television show must be freely licensed.
The following uses of a protected work shall be permissible without the author’s consent ...
- For the purpose of reporting on current events by means of photography, cinematography, broadcast or communication by wire to the public, the reproduction or making available to the public, to the extent justified by the informative purpose, of any work that can be seen or heard in the course of the said current event.[154/AN/2006 Art. 54(g)]
- The reproduction of works of art or of architecture through cinematography or television and the communication of such works to the public if such works are permanently located in a place where they can be viewed by the public or are included in the film or program by way of background or as incidental to the essential matters represented".[154/AN/2006 Art. 54(h)]
COM:FOP Egypt
Egypt
OK even for 2-D artworks. {{FoP-Egypt}}
According to Article 171 of Law No. 82 of 2002:
- Without prejudice to the moral rights of the author, pursuant to the provisions of the law herein, the author may not prevent third parties, after the publication of his work, from undertaking any of the following acts: ...[82/2002 Article 171]
- Make a single copy of the work for one's exclusive personal use, provided that such a copy shall not hamper the normal exploitation of the work nor cause undue prejudice to the legitimate interests of the author or copyright holders;
- However, the author or his successor may, after the publication of the work, prevent third parties from carrying out any of the following acts without his authorization:
- Reproduction or copying works of fine, applied or plastic arts, unless they were displayed in a public place, or works of architecture; ...[82/2002 Article 171(2)]
By expressly denying the copyright holder the ability to enforce his copyright on works "displayed in a public place, or works of architecture" freedom of panorama for these items is implied. "Applied art" means art incorporated into useful articles. Plastic arts are three dimensional artworks. Fine arts are painting, photography, and sculpture, so Egypt's FOP is relatively broad, covering everything except text.
COM:FOP Equatorial Guinea
Equatorial Guinea
Not OK. The 1889 Civil Code only listed a vague statement about copyright[1889 Article 428] and the Bangui Agreement has a limited FoP exception which does not allow reproduction of architecture in images if the work. [Bangui Agreement Title 7 Article 16]
COM:FOP Eritrea
Eritrea
Not OK. The 1993 Provisional Commercial Code of Eritrea contains nothing that could be considered a waiver allowing pictures of buildings or works or art in public places to be used for commercial purposes without permission of the copyright holder.
Note that due to lack of a copyright treaty, most works from Eritrea are in the public domain in the United States and most other countries. However, files uploaded to Commons must also be free in the country of origin.
COM:FOP Eswatini
Eswatini
Not OK. The list of exceptions or limitations to copyright of the 2018 act, at Sections 16–33, does not contain a provision allowing images of artistic works (including architecture as per the definition at Section 2) to be freely distributed for any purposes.
The repealed 1912 act had a freedom of panorama provision at Section 4.(1)(c), that permitted "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 Ethiopia
Ethiopia
Not OK. {{NoFoP-Ethiopia}} Ethiopian law includes buildings and sculptures and fine arts works among the works subject to rights of copyright (Part 1 - article 3 : Scope of application ) and there is no "freedom of panorama" exception.
Note that due to lack of a copyright treaty, most works from Ethiopia are in the public domain in the United States and most other countries. However, files uploaded to Commons must also be free in the country of origin.
COM:FOP Gabon
Gabon
OK {{FoP-Gabon}} OK. For photographs, film and television of protected works of art, including architectural works, if permanently located in a public place. OK. For incidental inclusion of protected works in films or television, regardless of location. OK. For informational photographs of protected works in reports on a current event, regardless of location.
Under Law No. 1/87 of 1987,
- Literary, scientific or artistic works seen or heard in the course of a current event may, for the purposes of information, be reproduced and made available to the public in a report on that event by means of photography, cinematography or sound or visual diffusion.[1/1987 Article 35]
- Works of art, including architectural works, permanently located in a public place, may be reproduced and made available to the public by means of cinematography, photography or television. The same shall apply where the inclusion of such a work in a film or a broadcast is of an accessory or incidental nature only in relation to the main subject.[1/1987 Article 37]
COM:FOP Gambia
The Gambia
Not OK The 2004 copyright act of Gambia does not contain any special provision in regard to the works displayed in public premises.
COM:FOP Ghana
Ghana
Not OK. ({{NoFoP-Ghana}}) Article 19(1)(f) of the Copyrights Act, 2005 restricts freedom of panorama to cinema or television or in a broadcast by television.
COM:FOP Guinea
Guinea
Not OK: Non-commercial use only under the 2019 law (but non-commercial content is not allowed here); free use in audio-visual media only under the repealed 1980 law.
Under the Law on the Protection of Literary and Artistic Property (Law L/2019/0028/AN):
- By way of derogation from authors' rights, it is permitted to reproduce, broadcast or communicate by cable to the public an image of a work of architecture, a work of fine arts, a photographic work or a work of applied arts permanently located in a place open to the public, unless the image of the work is the main subject of such reproduction or communication and if it is used for commercial purposes.[2019/0028 Article 27]
Under the now-repealed Act No. 043/APN/CP of August 9, 1980:
- It shall be lawful to reproduce in a film or in a television broadcast and to communicate to the public works of figurative art permanently located in a public place, or whose inclusion in the film or broadcast is only by way of background or is incidental to the essential matters represented.[1980 Article 14]
COM:FOP Guinea-Bissau
Guinea-Bissau
OK: For 3D objects. The applicable law still is the colonial copyright law, which says "The reproduction and publication by the press, cinema, television or any other mean, of the image of works of architecture or any other kind of plastic arts already divulged by the author is free".[46.980/1972 Article 152]
COM:FOP Côte d'Ivoire
Ivory Coast
Not OK, non-profit use of images of copyrighted public art and architecture only.
- Note: please tag Ivorian no-FoP deletion requests:
<noinclude>[[Category:Ivorian FOP cases/pending]]</noinclude>. Please also add {{NoFoP-Ivory Coast}} to images that incidentally show copyrighted public art and architecture.
Article 27 of the Law No. 2016-555 of July 26, 2016, on Copyright and Related Rights does not provide an acceptable freedom of panorama that can be used by Wikimedia Commons:
- When the graphic, plastic, or architectural work of art has been disclosed, the author may not prohibit:
- the reproduction or representation, in whole or in part, by means of print, audiovisual or online media, for the exclusive purpose of immediate information and in direct relation with the latter, if the name of the author has been clearly mentioned;
- reproductions, in whole or in part, of works of graphic or plastic art intended to appear in the catalog of a judicial sale carried out in Côte d'Ivoire for the copies made available to the public before the sale for the sole purpose of describe the works of art offered for sale;
- the reproduction by audiovisual means and public communication by cable or by any other means, of graphic or plastic works of art, photographic works, and works of architecture permanently placed in a public place and their inclusion in the audiovisual work, when this reproduction is only accessory or incidental to the main subject.[2016-555 Article 27]
The first provision only allows the use of copyrighted art and architecture for pure informational purposes only; the second only permits the use of artworks in catalogs of such during judicial or legal sales within the country; and the third only allows the incidental or accessory inclusion of public art and architecture in audiovisual or broadcasting media only.
The concluding provision of Article 27 further restricts free uses of such works:
- Any exploitation for profit of the reproductions mentioned in this article is subject to prior authorization of the author.[2016-555 Article 27]
Wikimedia Commons does not accept non-commercial licenses in accordance with Commons:Licensing and the Definition of Free Cultural Works which this repository strictly follows.
According to the Ivorian copyright law, Côte d'Ivoire has a copyright duration of 70 years after the death of the author (that is, the creator/designer of the copyrighted work in public space) or the last-surviving author (if the work was designed by two or more creators/designers). If anonymous, 70 years after the work was first made lawfully to the public; if collective, 70 years from publication. In any case, the involved copyrighted work of public art and/or architecture in public space becomes copyright free and enters the public domain, and deleted images can now be restored.[2016-555 Article 47–51]
See also: Category:Ivorian FOP cases. COM:FOP Kenya
Kenya
OK {{FoP-Kenya}} Under The Copyright Act, 2001 (Chapter 130) (Revised Edition 2014), copyright on artistic works "does not include the right to control reproduction and distribution of copies, or the inclusion in a film or broadcast, of an artistic work situated in a place where it can be viewed by the public".[Cap 130 Rev 2014 Section 26(1b)] Note that the definition of artistic works under Kenyan law includes paintings, drawings, sculptures, photographs, and architecture. Furthermore, unlike freedom of panorama exemptions in some other countries, in Kenya it is not restricted to only works permanently located in a public place, and can include works in private places if viewable by the public.
COM:FOP Lesotho
Lesotho
Not OK: free use is only permitted on audio-visual or videographic works, excluding photographic works. The Copyright Order 1989 allows the reproduction of works of art and of architecture in an audiovisual work or video-recording, and the communication to the public of the works so reproduced, if the said works are permanently located in a place where they can be viewed by the public or are included in the audio-visual work or video-recording only by way of background or as incidental to the essential matters represented.[1989 Section 9(e)]
Incidental utilization of expressions of folklore in a photograph, film or television broadcast is also allowed.[1989 Section 19(d)]
COM:FOP Liberia
Liberia
Probably Not OK. Under the Liberia Intellectual Property Act, 2016,
- The following acts shall be permitted ... for the purpose of reporting current events, the reproduction and the broadcasting or other communication to the public by means of photography, audiovisual, broadcasting or other communication of short excerpts of a work seen or heard in the course of such events, to the extent justified by the purpose.[2016 §9.14(c)]]
- The fair use of a copyright work, including such use by reproduction in copies or sound recordings or by any other means, for purposes such as parody, satire, criticism, comment, news reporting, teaching, scholarship or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is fair use, the factors to be considered shall include the purpose and character of the use, including whether such use is of a commercial nature or is for educational purposes; the nature of the copyrighted work; the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and the effect of the use upon the potential market for or value of the work.[2016 §9.8(a)]
COM:FOP Libya
Libya
Not OK The Copyright Protection Law of Libya (Libyan Law No. (9) for 1968) does not have a suitable freedom of panorama provision for Wikimedia Commons.
A similar provision is found at Article(17)(b) but is restricted to limited educational uses in books: "The following shall be allowed in school books and in literature, history, science and art books:...(b) Copying published works on graphic art, sculpture and photography provided that copying shall be limited to the extent necessary to explain what is written."[9/1968 Article 17(b)]
COM:FOP Madagascar
Madagascar
Not OK, noncommercial only and/or if the architecture or public art is not the main subject.
There is no Commons-usable freedom of panorama in Madagascar, as per Law No. 94-036 of 18 September 1995 on Literary and Artistic Property: "... it shall be permitted, without authorization from the author and without payment of remuneration, to reproduce, ... or to communicate by cable to the public an image of a work of architecture, a work of fine art, a photographic work and a work of applied art that is permanently located in a place open to the public, save where the image of the work is the main subject of this reproduction, broadcast or communication and where it is not used for commercial purposes".[94-036/1995 Article 48]
COM:FOP Malawi
Malawi
Not OK, noncommercial only.
Reproduction of a work and making available to the public of any work that can be seen or heard in the course of a current event, for the purpose of reporting on the current event, by means of photography, cinematography or other means of communication, is permitted to the extent justified for an informative purpose.[26/2016 Section 45] Reproduction and making available to the public by photography, cinematography, drawing or similar means of depiction of an artistic work is permitted when the work is
- (a) included in the picture or recording by way of background or as incidental, to the essential matters represented;
- (b) a work of architecture in the form of a building; or
- (c) a work of art permanently located in a place outdoors where it can be viewed by the public:
Provided that pictures or recordings in which the work of art clearly is the principal motif, shall not be commercially exploited without the consent of the author.[26/2016 Section 46]
COM:FOP Mali
Mali
Not OK: for incidental use of images of public artistic works in audiovisual or broadcasting media only. Under the 2008 law, permitted uses are limited to:
- Reproduction for the purpose of audiovisual creation or broadcasting and public communication of works of figurative and architectural art permanently placed in a public place and whose inclusion in the audiovisual work or broadcast is accessory or incidental to the main subject.[08-024/2008 Article 27(b)]
- Reproduction and communication of literary, artistic or scientific works that may be seen or heard on the occasion of reports of a news event by means of photography, cinematography or broadcasting.[08-024/2008 Article 27(c)]
COM:FOP Mauritania
Mauritania
OK in most places.
Reproduction or communication to the public of a work of architecture or the fine arts, a work of the applied arts or a photographic work shall be considered lawful, without permission of the author or remuneration, if it is permanently located in a public place, with the exception of art galleries, museums and classified cultural and natural sites.[2012-038 Art. 47]
COM:FOP Mauritius
Mauritius
Not OK. There is no exception for freedom of panorama for commercial purposes.
COM:FOP Morocco
Morocco
Not OK: non-commercial only if work is the main subject of the image: {{NoFoP-Morocco}}
"It shall be permitted, without the author’s authorization or payment of a fee, to republish, broadcast or communicate to the public by cable an image of a work of architecture, a work of fine art, a photographic work, or a work of applied art which is permanently located in a place open to the public, unless the image of the work is the main subject of such a reproduction, broadcast or communication and if it is used for commercial purposes".[1-05-192/2006 Art.20]
Note: all images of works on Commons must be commercially usable; the exception only permits commercial use if the copyrighted work is not the main subject of the reproduction.
COM:FOP Mozambique
Mozambique
Not OK. for reproductions, broadcasts and cable communications to the public executed in the Republic of Mozambique (since 25 June 1975)
There is only non-commercial freedom of panorama in Mozambique:
- It is permitted, without authorization by the author or payment of any remuneration, to reproduce, broadcast or communicate by cable to the public the image of a work of architecture, three-dimensional art, photography or applied art that is permanently located in a place open to the public, except where the image of the work is the principal subject of such reproduction or broadcast or communication and is used for commercial purposes.[4/2001 Article 15]
- It is permitted ... to reproduce or make available to the public for the purposes of reporting current events by means of photography, cinematography or video, or by broadcasting or communication by cable to the public, to the extent justified by the informatory purpose, a work seen or heard during the said event.[4/2001 Article 14(b)]
The 2001 copyright law of Mozambique appears to be retroactive. In case it is not, the applicable law would be the previous 1966 copyright law, which allows FOP (see below). Therefore, the status of reproductions, broadcasts and cable communications to the public executed before 28 May 2001 is undetermined.
OK for photos executed in the Portuguese territory of Mozambique (before 25 June 1975)
Mozambique was considered Portuguese territory before its independence in 25 June 1975, and current jurisprudence generally use Portuguese law to deal with actions executed in former Portuguese overseas territories before that date. Examples: 02S3074,JTRL00024225, JTRL00024030, 7189/2003-4, 0451/05. Related discussion here.
The applicable law was Decreto-Lei n.º 46980, de 27 de Abril de 1966 which allowed FOP:
- The reproduction and publication by the press, cinema, television or any other mean, of the image of works of architecture or any other kind of plastic arts already divulged by the author is free.[46980/1966 Art.152]
Current consensus on Wikimedia Commons holds that the pre-1975 actions that can be referred to in the context of freedom of panorama are the uses of the images, not the completions or public displays of the architecture or artistic works themselves. This means pre-1975 images of copyrighted Mozambican architecture and artistic works can be hosted here under commercial licenses, not post-1975 images of the same works. Related discussion here.
COM:FOP Namibia
Namibia
Not OK The copyright in an artistic work shall not be infringed by its inclusion in a cinematograph film or television broadcast or its transmission in a diffusion service, if (a) such inclusion is merely by way of background to the principal matters represented in the film, broadcast or transmission or incidental thereto; (b) such work is permanently situated in a street, square or a similar public place.[6/1994 Section 18(1)]
COM:FOP Niger
Niger
Not OK: incidental, non-commercial use only.
The 1993 law permits, without the consent of the author, "to reproduce or make available to the public, for the purposes of reporting on current events by means of photography, cinematography, or through broadcasting or such communication to the public by cable, a work seen or heard during such an event, to the extent justified by the intended informatory purpose.[93-027/1993 Article 14(ii)] The 1993 law also permits, "to reproduce, broadcast or communicate to the public by cable an image of a work of architecture, a work of fine art, a photographic work or a work of applied art that is permanently located in a place open to the public, except if the image of the work is the main subject of such reproduction, broadcast or communication and if it is used for profit-making purposes.[93-027/1993 Article 15]
The law permits utilization of any expression of folklore that can be seen or heard in the course of a current event for the purposes of reporting on that event by means of photography, broadcasting, or sound or visual recording, provided that the extent of such utilization is justified by the informatory purpose.[93-027/1993 Article 58 (i)] It also permits utilization of objects containing the expressions of folklore which are permanently located in a place where they can be viewed by the public, if the utilization consists in including their image in a photograph, a film or television broadcast.[93-027/1993 Article 58(ii)]
COM:FOP Nigeria
Nigeria
Not OK, no longer applicable for new uploads (of photos) starting 17 March 2023. Under the Copyright Act, 2022 (Act No.8 of 2022), "The rights conferred in respect of a work under sections 9-13 of this Act, do not include the right to control any of the acts specified in those sections by way of fair dealing for purposes such as ... the inclusion in an audiovisual work or a broadcast of an artistic work situated in a place where it can be viewed by the public."[No.8/2022 Sec. 20(1)(e)]
Under the repealed Copyright Act, Cap. C28, Laws of the Federation of Nigeria, 2004, "The right conferred in respect of a work by section 5 of this Act does not include the right to control ... the reproduction and distribution of copies of any artistic work permanently situated in a place where it can be viewed by the public".[C.28/2004 2nd Sched/d]
COM:FOP Rwanda
Rwanda
Not OK, non-commercial purpose only if the work is the main subject of the image.
- There shall be permitted without authorization of the author and without payment of remuneration, to reproduce, to broadcast or to communicate by cable to the public a picture of work of architecture, of work of fine arts, a photographic work and a work of applied art that is permanently located on place opened to the public, except if the picture of this work is the main topic of such a reproduction, broadcasting or communication and if it is used for commercial purposes.[31/2009 Article 210]
See also: Category:Rwandan FOP cases. COM:FOP São Tomé and Príncipe
São Tomé and Príncipe
OK: {{FoP-São Tomé and Príncipe}}. Under the Decree Law 02/2017, the following uses of a work are lawful without the author's consent: ... The use of works, such as works of architecture or sculpture, made to be kept permanently in public places;[02/2017 Art.75.2(p)]
It can be noted that the wording is similar to the Portuguese freedom of panorama provision. In the absence of any specific case law to the contrary, and considering that São Tomé and Príncipe is a former Portuguese colony, it is reasonable to assume that the rules will be identical. See Commons:Copyright rules by territory/Portugal#Freedom of panorama for details on the Portuguese freedom of panorama.
Recent discussion/s: Commons:Village pump/Copyright/Archive/2021/09#São Tomé and Príncipe FOP revisited.
COM:FOP Senegal
Senegal
Not OK {{NoFoP-Senegal}}. Senegalese freedom of panorama, as it is currently in effect, does not permit commercial uses of images of artistic works in public spaces. However, non-commercial licensing is not allowed on Wikimedia Commons. Nevertheless, it should be fine if the copyrighted artistic work is not the main subject of the image (that is, de minimis presence).
- The author may not prohibit the reproduction or communication of a graphic or three dimensional work that is permanently located in a place open to the public, unless the image of the work is the main subject of such reproduction, broadcast or communication and is used for commercial purposes.[2008-09 Article 46]
The freedom of panorama provision of the repealed 1973 copyright act is also not acceptable to Commons, as it was only valid for audio-visual media: "It shall be lawful to reproduce, for the purposes of cinematography, television and communication to the public, works of figurative art and of architecture permanently located in a place where they can be viewed by the public or are included in the film or in the broadcast only by way of background or as incidental to the essential matters represented."[1973 Article 14]
COM:FOP Seychelles
Seychelles
- Not OK for depictions (like photos and videos) of artistic works published on Wikimedia Commons on or after August 1, 2014. {{NoFoP-Seychelles}}
- OK for depictions of artistic works published on Wikimedia Commons until July 31, 2014. {{FoP-Seychelles}}
The Seychelles Copyright Act of 1991 sets forth that "4. The reproduction, distribution of copies or inclusion in a film or broadcast of an artistic work permanently on view to the public" are "acts not controlled by copyright." (Schedule 1; Sections 10, 11 12 (sic) and 13).
There is no comparable provision in the 2014 act, as well as the original 1991 term seems removed by this revision. The 2014 act took effect on August 1, 2014. However, a transitional clause exists at 38(2)(b): "the licences or authorisation granted under the repealed Act shall continue to operate as licences or authorisation, as the case may be, for the purposes of this Act, until the expiration or revocation of such licence or authorisation." This indicates the freedom of panorama licence granted by the old copyright act is still in effect for representations made before the aforementioned date, and images that were uploaded on Wikimedia Commons before the aforementioned date are still permitted.
Recent discussion/s: Commons:Village pump/Copyright/Archive/2021/09#Clarification on Seychellois FOP.
COM:FOP Sierra Leone
Sierra Leone
Not OK: The Copyright Act 2011 Part IV: Permitted use of copyright does not include any exemption that allows reproduction for commercial purposes of protected works that are displayed in public.
COM:FOP Somalia
Somalia
- De facto:
Unsure - De jure: Not OK.
The list of exceptions or limitations to copyright in Law No. 66 of 7 September 1977, Sections 33–35, does not include a freedom of panorama provision. For artistic works, Section 35 states these can only be used freely for personal or educational purposes (thus non-commercial uses of artistic works).
However, in practice there are no protected architecture and public artistic works in Somalia, as the law required registration for these to be protected by copyright, granting a short 30-year copyright duration. There is no longer anywhere to register copyrights; records indicate of a copyright office that existed before being destroyed in the civil war in 1991.
COM:FOP South Africa
South Africa
Not OK
The Copyright Act 1978 of South Africa (as at 18 June 2002), section 15(3), states: "The copyright in an artistic work shall not be infringed by its reproduction or inclusion in a cinematograph film or a television broadcast or transmission in a diffusion service, if such work is permanently situated in a street, square or a similar public place."
A diffusion service is defined in section 1(1) as "a telecommunication service of transmissions consisting of sounds, images, signs or signals, which takes place over wires or other paths provided by material substance and intended for reception by specific members of the public; and diffusion shall not be deemed to constitute a performance or a broadcast or as causing sounds, images, signs or signals to be seen or heard; and where sounds, images, signs or signals are displayed or emitted by any receiving apparatus to which they are conveyed by diffusion in such manner as to constitute a performance or a causing of sounds, images, signs or signals to be seen or heard in public, this shall be deemed to be effected by the operation of the receiving apparatus."
Since section 15(3) does not mention photographs, there is no freedom of panorama exemption in South Africa that would permit photographs of artistic works to be taken without infringing the copyright in the works.
Recent developments
See Freedom of Panorama ZA and meta:Wikimedia South Africa/Copyright Amendement Bill for updates on the efforts by South African Wikimedians to have freedom of panorama introduced in the country.
COM:FOP South Sudan
South Sudan
Not OK Copyright and Neighbouring Rights Protection Act 1996, does not have a usable freedom of panorama provision that allows uses in advertising and other commercial media, of images of copyrighted works of architecture and artistic works permanently located in public spaces.
Note that due to lack of a copyright treaty, most works from South Sudan are in the public domain in the United States and most other countries. However, files uploaded to Commons must also be free in the country of origin.
COM:FOP Sudan
Sudan
Not OK Copyright and Neighbouring Rights Protection Act 1996 does not have a usable freedom of panorama provision that allows uses in advertising and other commercial media, of images of copyrighted works of architecture and artistic works permanently located in public spaces.
COM:FOP Tanzania
Tanzania
- Outside of Zanzibar: Not OK for photographs ("still images"), OK for audio-visual works ("moving images or videos", use {{FoP-Tanzania}} only for the latter purposes)
- In Zanzibar: Not OK except for photographs of public "folklore"
According to article 12 (6) of the "Copyright and Neighbouring Rights Act" (1999), reproduction of works of art and works of architecture is permitted in audio-visual and video recordings, if the work is permanently located in a place where it can be viewed by the public.
Per Part I, Preliminary provisions, ""audiovisual work" means a work that consists of a series of related images which impart the impression of motion, with or without accompanying sounds, susceptible of being made visible, and where accompanied by sounds, susceptible of being made audible."
Zanzibar, which is part of Tanzania, has a separate copyright law, the Zanzibar Copyright Act, 2003. It does not allow for a free reproduction of works in public premises, except for the works of folklore that are permanently located in a place visible by the public (Article 29-II). In this case, it may be reproduced in the form of a photograph, a film or a television broadcasting.
COM:FOP Togo
Togo
Not OK. Reproductions of artistic works are only allowed through film and television broadcasting if the works are permanently located in public places, not photographs.
- The reproduction in a film or television program or public communication of figurative works of art or architecture that are permanently located in a public place or included in the film or program in a way that is incidental to the main subject, shall be lawful.[91-12/1991 Article 24]
COM:FOP Tunisia
Tunisia
Allowed uses without permission include "the reproduction or communication of a work of architecture or fine arts, or of a work of the applied arts or a photographic work, when it is located permanently in a public place, except for the museums, art galleries or any artistic heritage bequeathed by the former generations.[2009-33 Article 10(g)]
COM:FOP Uganda
Uganda
According to the Copyright and Neighbouring Rights Act 2006, a work of art or architecture may be used in a photograph, an audiovisual work or a television broadcast without infringing the author's copyright and without the author's consent where the work is permanently located in a public place; or is included in the background or is otherwise incidental to the main object in the photograph, audiovisual work or television broadcast.[2006 Section 15(1)(g)]
"Public place" is defined under the law as "any building, or conveyance to which for the time being the public are entitled or permitted to have access, with or without payment which may include cinema, concert, dance or video halls, bars, clubs, sports grounds, holiday resorts, circuses, restaurants, counter vehicles, banks or other commercial establishments."[2006 Section 2(1)(g)]
COM:FOP Zambia
Zambia
Not OK: {{NoFoP-Zambia}}
Artistic works are objects of copyright according to section 8 of the Copyright and Performance Rights Act, 1994. An artistic work is defined under section 2, and includes paintings, drawings and engravings (a); works of sculpture (c); works of architecture (d); and photographs (e). Exclusive right of the copyright owner over these works is guaranteed at section 17.
Section 21(h) of the law provides an exception for "incidental inclusion of a work in an artistic work, audiovisual work, broadcast or cable program," but no freedom of panorama.
COM:FOP Zimbabwe
Zimbabwe
OK: {{FoP-Zimbabwe}}. Section 35 of the 2004 law states:[Cap.26:05/2004 Section 35]
- Reproduction of artistic works in public places
The copyright in an artistic work which is permanently situated in a street, square or other public place or in premises open to the public shall not be infringed by - (a) the work being included in a graphic work, a photograph, an audio-visual work, a broadcast or a cable programme;
- (b) the making of copies of the work, where the copies are greatly reduced in scale.
There is a need to attribute the author of the artistic work if photos or videos of it are used for commercial purposes:[Cap.26:05/2004 Section 61(3)]
- Right to be identified as author or director
(3) Subject to this Part, the author of an artistic work has the right to be identified as the author of the work for so long as copyright subsists in it, whenever—
- (a) the work is published commercially or exhibited in public, or a visual image of it is broadcast or included in a cable programme service; or
- (b) an audio-visual work including a visual image of the artistic work is shown in public or copies of such an audio-visual work are issued to the public; or
- (c) in the case of
- (i) an architectural work in the form of a building; or
- (ii) a sculpture; or
- (iii) a work of artistic craftsmanship;
- copies of a graphic work representing it, or copies of a photograph of it, are issued to the public.
Limited recognition
[edit]COM:FOP Ambazonia
Ambazonia
No information available
COM:FOP Azawad
Azawad
No information available
COM:FOP Puntland
Puntland
No information available
COM:FOP Sahrawi Arab Democratic Republic
Sahrawi Arab Democratic Republic
No information available
COM:FOP Somaliland
Somaliland
- De facto: Unsure. See also: Commons:Copyright rules by territory/Somalia#Freedom of panorama.
Other areas
[edit]COM:FOP Bir Tawil
Bir Tawil
No information available
COM:FOP Canary Islands
Canary Islands
Further information: Commons:Copyright rules by territory/Spain#FOP
COM:FOP Ceuta
Ceuta
Further information: Commons:Copyright rules by territory/Spain#FOP
COM:FOP Madeira
Madeira
Further information: Commons:Copyright rules by territory/Portugal#FOP
COM:FOP Mayotte
Mayotte
Further information: Commons:Copyright rules by territory/France#FOP
COM:FOP Melilla
Melilla
Further information: Commons:Copyright rules by territory/Spain#FOP
COM:FOP Réunion
Réunion
Further information: Commons:Copyright rules by territory/France#FOP
COM:FOP Saint Helena, Ascension and Tristan da Cunha
Saint Helena, Ascension and Tristan da Cunha
OK for works of architecture, sculptures, and artistic craftsmanship. Freedom of panorama is provided by Sections 9(3) and 9(4) of the Copyright Act 1956. For other types of works (like street art), Not OK. Per Section 9(5), unspecified artistic works can only be included in broadcasts or films in an incidental manner, or at background (de minimis valid for audio-visual media only).
The FoP legal rights are identical to British overseas territories still using the 1956 copyright law (like the British Virgin Islands and the Falkland Islands), all are modelled upon the British version, see also Commons:Copyright rules by territory/United Kingdom#Freedom of panorama.
COM:FOP Scattered Islands in the Indian Ocean
Scattered Islands in the Indian Ocean
Further information: Commons:Copyright rules by territory/France#FOP
COM:FOP Western Sahara
Western Sahara
No information available
partly located in Africa
[edit]Some citation text may not have been transcluded
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