Commons:風景の自由/アメリカ
このページには風景の自由の規則のまとめをアメリカ大陸のさまざまな国家や領土について示します。別途、それぞれの地域ごとに規則を述べたページを設け、ここに「参照読み込み」してあります。
南北アメリカ
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アメリカ合衆国
情報がありません
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アルゼンチン
Argentina has no "freedom of panorama" provision in its copyright law. At least some think there is de facto freedom of panorama in Argentina regarding buildings:
- It is uncontroversially accepted that buildings can be reproduced by paintings or photographs, without this reproduction infringing copyright.
- Se ha admitido pacificamente que los edificios puedan ser reproducidos mediante pinturas o fotografías, sin estimarse que esta reproducción lesione los derechos de autor. - Dr. Emery, Miguel Angel (professor of Intellectual property law in Argentina)[1]
In accordance with this discussion from July 2010, this de facto freedom of panorama for architecture in Argentina is acceptable on Wikimedia Commons:
- ◯ for buildings {{FoP-Argentina}}
- for sculpture and other works
As recent as 2022, this de facto freedom of panorama for Argentine architecture is brought to some skepticism, see these relevant discussions from December 2022 and from September 2023.
Infojustice.org tells of a proposal in 2017 to add more limitations/exceptions for Law No. 11.723, one of which would have been a freedom of panorama provision. Instead, most of the suggested exceptions were abolished, and the only surviving exception to be passed concerns free uses of works for persons with disabilities (PWDs), as proven by the resulting amendment law, Law No. 27.588 of November 11, 2020, on Amendments to Law No. 11.723 (WIPO copy).
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アンティグア・バーブーダ
◯ - for buildings, sculptures and works of artistic craftsmanship.
With buildings; sculptures, models of buildings and works of artistic craftsmanship, if permanently situated in a public place or in premises open to the public, the copyright in such work is not infringed by making graphic work representing it; making a photograph or film of it; or broadcasting or including in a cable programme service a visual image of it.[22/2003 Section 74(2)] The copyright of such a work is not infringed by the issue to the public of copies, or the broadcasting or inclusion in a cable programme service, of anything whose making was, by virtue of this section, not an infringement of copyright.[22/2003 Section 74(3)]
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ウルグアイ
情報がありません
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エクアドル
See Andean Community:Freedom of panorama.
The Organic Code of Social Economy of Knowledge, Creativity and Innovation (2016) provides a restrictive freedom of panorama that does not allow commercial uses of images of copyrighted works permanently found in public spaces:
- The reproduction, adaptation, distribution or public communication for scientific or educational purposes and to guarantee access to people with disabilities of architectural, photographic, fine arts, applied art or other similar works, which are permanently located in places open to the public, through photography, painting, drawing, filming or any other similar technique or procedure, provided that the name of the author of the original work, if known, and the place where it is located are indicated.[2016 Art.212(7)]
The repealed Intellectual Property Law (1998, last-amended in 2014) provided a more lenient exception, under Article 83(f), permitting the use of works permanently located in public spaces as long as "the purpose is strictly the dissemination of art, science and culture." However, under the fourteenth provision of the "Disposiciones Transitorias" of the 2016 Organic Law, rules of the current copyright law are prevailing regarding uses, enjoyment, obligations, licenses, renewals, and extensions.
Decision 351 of the Andean Community of Nations provides for freedom of panorama: "Without prejudice to that put forth in the Chapter 5 and in the previous article, it will be legal to realize, without authorization from the author and without the payment of any remuneration, the following acts:...h) undertake the reproduction, transmission by broadcasting or cable distribution to the public of the image of an architectural work, work of fine art, photographic work or work of applied art located permanently in a place open to the public".[351/1993 Article 22(h)]
Nevertheless, the member states such as Ecuador have the leeway to restrict FoP rules. According to Cerda Silva (2012), "the Decision only set forth a minimum legal standard, allowing the standard to be heightened by domestic law. This is the case for moral rights recognized for authors, economic exclusive rights, term of protection, and exceptions and limitations to copyright."[2]
See Commons:Village pump/Copyright/Archive/2024/05#Ecuadorian FoP in the new law for the discussion.
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エルサルバドル
◯ for exterior architecture and most types of public art. {{FoP-El Salvador}}
- "The following shall be allowed without the consent of the author or remuneration: . . . the reproduction of a work of art on permanent display in a street, square or other public place in an artistic medium different from that used for the making of the original; with regard to buildings, this right shall be limited to the exterior façade".[2017 Article 45 (f)]
Spanish text:
Respecto de las obras ya divulgadas lícitamente, es permitida sin autorización del autor ni remuneración: . . . La reproducción de una obra de arte expuesta permanentemente en las calles, plazas u otros lugares públicos, por medio de un arte diverso al empleado para la elaboración del original. Respecto de los edificios, dicha facultad se limita a la fachada exterior.
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ガイアナ
◯ for buildings, sculpture and applied art, not for paintings, drawings, engravings or photographs.
- The copyright of a sculpture or work of artistic craftsmanship other than a painting, drawing, engraving or photograph which is permanently situated in a public place, or in premises open to the public, is not infringed by the making of a painting, drawing, engraving or photograph of the work, or the inclusion of the work in a cinematograph film or in a television broadcast.[74/1956 Section 9(3)]
- The copyright in a work of architecture is not infringed by the making of a painting, drawing, engraving or photograph of the work, or the inclusion of the work in a cinematograph film or in a television broadcast.[74/1956 Section 9(4)]
- Without prejudice to the two last preceding subsections, the copyright in an artistic work is not infringed by the inclusion of the work in a cinematograph film or in a television broadcast, if its inclusion therein is only by way of background or is otherwise only incidental to the principal matters represented in the film or broadcast.[74/1956 Section 9(5)]
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カナダ
情報がありません
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キューバ
According to Law No. 14 of December 28, 1977 as amended up to 1994, it is permissible, without the author's consent and without remuneration, but with obligatory reference to his name and provided the work is public knowledge and respectful of the artist's specific values: ... to reproduce by any means, except those involving direct contact with its surface, a work of art of any type on permanent display in a public place, except those in exhibitions and museums;[14/1977-1994 Article 38(c)]
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グアテマラ
情報がありません
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グレナダ
◯ . Under the Copyright Act (Cap. 67, Act No. 21 of 2011),
- Copyright is a property right which subsists in literary and artistic works.[21/2011 Section 5(1)] This includes works of architecture.[21/2011 Section 5(1)(g)]
- The inclusion of an artistic work in a work, broadcast or communication to the public shall not be considered an infringement if the artistic work (a) is permanently situated in a public place or in premises open to the public; or (b) is included in the work, broadcast or communication to the public by way only of background or as incidental to the essential matters represented.[21/2011 Section 19]
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コスタリカ
情報がありません
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コロンビア
情報がありません
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ジャマイカ
◯ , except murals and other 2D "graphic works" ( ). {{FoP-Jamaica}}
- This section applies to buildings; sculptures, models of buildings and works of artistic craftsmanship, if permanently situated in a public place or in premises open to the public.[13/2015 Section 74(1)]
- The copyright in such a work is not infringed by making a graphic work representing it; making a photograph or film of it; or broadcasting or including in a cable programme service a visual image of it.[13/2015 Section 74(2)]
- The copyright of such a work is not infringed by the issue to the public of copies, or the broadcasting or inclusion in a cable programme service, of anything whose making was, by virtue of this section, not an infringement of copyright.[13/2015 Section 74(3)]
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スリナム
◯ for works under 6° of Article 10. for others like maps, photographs, or designs related to sciences like architecture or geography. Under the Law of 1913, as amended up to the act of 17 April 2015,
- There is no infringement of copyright in reproduction of a work, as referred to in Article 10, 6°, that is permanently displayed or visible from a public road if the reproduction by its size or by the method in which it is made is clearly different from the original work. With buildings, this is limited to the exterior.[23/1981 Article 18]
Works listed under 6° of Article 10: drawings, paintings, architecture, sculptures, lithographs, engravings, and other sheet metal works.
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セントクリストファー・ネイビス
◯ for 3D works. According to the Chapter 18.08 Copyright Act of 2002,
- Representation of artistic works on public display: This section shall apply to (a) buildings; and (b) sculptures, models of buildings and works of artistic craftsmanship, if permanently situated in a public place or in premises open to the public.[18.08/2000 Section 74(1)]
- The copyright in the work referred to in section 74(1) shall not be infringed by (a) making a graphic work representing it; (b) making a photograph or film of it; (c) broadcasting or including in a cable programme service a visual image of it; or (d) the issue to the public of copies, or the broadcasting or inclusion in a cable programme service, of anything whose making was, by virtue of this section, not an infringement of copyright.[18.08/2000 Section 74(2)]
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セントビンセント・グレナディーン
◯ for 2D copies of 3D works. Unclear whether 2D works may be copied, but assume as the clause follows the the United Kingdom freedom of panorama model. According to the Copyright Act 2003 (Act No. 21 of 2003), Issue 1/2009,
- When an artistic work is on public display, including buildings; sculptures, models of buildings and works of artistic craftsmanship, if permanently situated in a public place or in premises open to the public, the copyright in such a work is not infringed by making a graphic work representing it; making a photograph or film of it; or broadcasting or including in a cable programme service a visual image of it.[1/2009 Section 75]
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セントルシア
◯ . For 2D copies of 3D works. According to the Copyright Act 1995 (Act No. 10 of 1995),
- This section applies to (a) buildings; (b) sculptures, models of buildings and works of artistic craftsmanship, if permanently situated in a public place or in premises open to the public.[10/1995 Section 81(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) broadcasting or including in a cable programme service a visual image of it.[10/1995 Section 81(2)]
- The copyright in such a work is not infringed by the issue to the public of copies, or the broadcasting or inclusion in a cable programme service, of anything whose making was, by virtue of this section, not an infringement of copyright.[10/1995 Section 81(3)]
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チリ
情報がありません
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ドミニカ共和国
The reproduction, distribution and communication to the public of news of the day and other information relating to facts or events in the news that have been publicly disseminated by the press or by means of broadcasting shall be lawful. It shall also be lawful to reproduce and make accessible to the public, in connection with the reporting of current events by means of photography, broadcasting or communication to the public by cable or other analogous means, works seen or heard in the course of such events, to the extent justified by the informatory purpose.[65-00/2000 Article 34]
Works permanently located on public thoroughfares, streets or squares may be reproduced by means of painting, drawing, photography or audiovisual fixations, and such reproductions may be distributed and communicated publicly. With regard to works of architecture, this provision shall apply only to their external aspect.[65-00/2000 Article 39]
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ドミニカ国
. The only reference in the 2003 Copyright Act appears to be
- The following acts shall be permitted ... for the purpose of reporting current events, the reproduction and the broadcasting or other communication to the public of short excerpts of a work seen or heard in the course of such events, to the extent justified by the purpose.[2003 Section 69(b)]
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トリニダード・トバゴ
The 2008 Copyright Act states, "Notwithstanding the provisions of sections 8(1) and 16, the inclusion of an artistic work in a work, broadcast or communication to the public shall not be considered an infringement if the artistic work (a) is permanently situated in a public place or in premises open to the public; or (b) is included in the work, broadcast or communication to the public by way only of background or as incidental to the essential matters represented.[5/2008 Section 17]
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ニカラグア
{{NoFoP-Nicaragua}} As per Nicaragua Law No. 577 on Amendments and Additions to Law No. 312 on Copyright and Related Rights, "Works located permanently in parks, streets, squares or other thoroughfares may be reproduced, without the author’s authorization, by means of painting, sketching, photographs and audiovisual recordings for personal use. In respect of works of architecture, the previous article shall only apply to their external aspect.[77/2006 Article 43]
This article had previously read, "Works permanently located in parks, streets, squares or other public roads can be reproduced, without the author's authorization, by means of painting, drawing, photography and audiovisual recordings. As for architectural works, the previous article will only apply to its external appearance.[312/1999 Article 43]
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ハイチ
情報がありません
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パナマ
◯ ; in regard to buildings, for the outer façade only. {{FoP-Panama}}
Under the Law No. 64 of October 10, 2012, reproduction, broadcasting or public transmission by cable of the image of an architectural work, of a work of the fine arts, of a photographic work or of a work of applied arts that is located permanently in a place open to the public is allowed. With buildings, this is limited to the exterior façade.[64/2012 Article 69(3)]
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バハマ
◯ . The Bahamas has freedom of panorama for architecture, and 2D and 3D artistic works on display in places or premises open to the public.
According to the 2010 version of Statute Law of The Bahamas - Chapter 323,
- The copyright in an architectural work that has been constructed does not include the right to prevent the making, distributing or public display of pictures, paintings, photographs or other pictorial representations of the work, if the building in which the work is embodied is located in or is ordinarily visible from a public place.[Cap 323/2010 Sec.78 (1)]
- The copyright in an artistic work does not include the right to prevent the making, distributing or public display of pictures, paintings, photographs or other pictorial representations of the work if the work is located in or ordinarily visible from a public place.[Cap 323/2010 Sec.79 (1)] This section applies to (a) buildings; (b) sculptures, models of buildings and artistic works, if permanently situated in a public place or in premises open to the public. [Cap 323/2010 Sec.78 (2)]
- In this Act... “artistic works” include two-dimensional and three dimensional work of fine, graphic and applied art, photographs, prints and art reproductions, maps, globes, charts, diagrams, models, architectural plans and technical drawings;"[Cap 323/2010 Sec.2 (1)]
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パラグアイ
◯ {{FoP-Paraguay}} The following is permitted without authorization by the author or payment of remuneration in relation to works already disclosed:
- Reproduction of a work of art on permanent display in streets, squares or other public places, or on the outer walls of buildings, where the artistic medium used is different from that used for the making of the original, provided that the name of the author and the title of the work, if known, and the place in which it is located are mentioned.[1328/1998 Article 39.4]
- Where the work is used as a sign, emblem or distinctive mark of a political party or non-profit-making civil association or entity.[1328/1998 Article 39.7]
"Reproductions admitted in this article will be permitted only if they do not cross the normal exploitation of the work or cause an unjustifiable damage to the legitimate interests of the author".[1328/1998 Article 39]
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バルバドス
◯ for 3D works and works of artistic craftsmanship, for 2D artwork. Use {{FoP-Barbados}} for images of compliant public artistic works of Barbados.
Under the Copyright Act 1998 revised up to 2006, copyright in a work is not infringed by its incidental inclusion in an artistic work, sound recording, film, broadcast or cable programme.[Cap.300/2006 Section 54(a)]
This section [73] applies to buildings; sculptures, models of buildings and works of artistic craftsmanship, if permanently situated in a public place or on premises open to the public.[Cap.300/2006 Section 73(1)] The copyright in a work referred to in subsection (1) is not infringed by making a graphic work representing it; making a photograph or film of it; broadcasting or including in a cable programme service a visual image of it; or issuing to the public copies, or the broadcasting or including in a cable programme service anything whose making was, by virtue of this section, not an infringement of copyright.[Cap.300/2006 Section 73(2)]
Barbadian law is modelled on UK law, and in the absence of any specific case law to the contrary it is reasonable to assume that the rules will be similar. See the COM:FOP United Kingdom for more details.
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ブラジル
情報がありません
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ベネズエラ
情報がありません
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ベリーズ
◯ {{FoP-Belize}}
The Belize Copyright Act of 2000 states that photographs, films, or graphic works depicting a building, sculpture, or work of artistic craftsmanship, if permanently situated in a public place or in premises open to the public, do not infringe the copyright of the original work.[Cap.252/2000 Section 78]
Prior to 2000, freedom of panorama was granted by the Copyright Act 1956 of the United Kingdom.
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ペルー
情報がありません
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ボリビア
◯ , see Commons:Copyright rules by territory/Andean Community#Freedom of panorama. {{FoP-Bolivia}}.
Law No.1322 of April 13, 1992, on Copyright does not give a freedom of panorama provision. However, Decision 351 of the Andean Community of Nations (of which Bolivia is part of) provides for a freedom of panorama provision.
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ホンジュラス
– Personal use only, in media different from the original.
The 2006 revision of the Law on Copyright and Related Rights, article 52, states:
- It is lawful, for personal use, to reproduce a work of art permanently exhibited in the streets, squares or other public places, by means of an art different from that used for making the original. With respect to buildings, this is limited to the exterior façade.[16-2006 Article 52]
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メキシコ
情報がありません
その他の地域
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アメリカ領ヴァージン諸島
詳細: Commons:各国の著作権ルール/アメリカ合衆国#FOP
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アルバ
◯ There is no infringement of copyright in copies of a work that is permanently displayed in public where the size of the copy and the way in which it is made are clearly different from the original work, and in the case of buildings is limited to the exterior.[2003 Article 18]
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アンギラ
The Copyright Act as of 2002 makes no provision for freedom of panorama.
Under Section 7, subsection (1), a single reproduced copy of a published work is permitted without permission from the author or copyright holder, if the reproduction is done privately by a natural person for personal purposes only.[C120-2002 Sec.7(1)]
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イギリス領ヴァージン諸島
◯ for architecture, sculptures, and works of artistic craftsmanship. for other types of artistic works. The Copyright Act 1956 contains freedom of panorama provisions at Section 9, subsections 3–6, with similar rules as those of the United Kingdom freedom of panorama.
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オランダ領カリブ
情報がありません
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キュラソー
◯
According to the Auteursverordening 1913 - article 18, Freedom of Panorama is allowed as long as the reproduction is clearly different from the original work by its size or the way in which it was made, and in the case of buildings only the exterior is shown.[3]
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グアドループ
詳細: Commons:Copyright rules by territory/フランス#FOP
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グリーンランド
Greenlandic freedom of panorama, found at Section 24 (2 and 3) is identical to the Danish freedom of panorama. ◯ for buildings, and for any public art still in copyright (for noncommercial only, incompatible with Commons:Licensing).
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ケイマン諸島
- ◯ for 3D works
- ◯ for 2D "works of artistic craftsmanship"
- for 2D "graphic works" {{FoP-UK}}
The relevant law is section 62 of the United Kingdom's Copyright, Designs and Patents Act 1988.[4] The Copyright (Cayman Islands) Order 2015 and Copyright (Cayman Islands) (Amendment) Order 2016 do not modify this section.
詳細: Commons:Copyright rules by territory/United Kingdom/ja#FOP
詳細: Commons:Copyright rules by territory/Falkland Islands#FOP
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サンピエール島・ミクロン島
詳細: Commons:Copyright rules by territory/フランス#FOP
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サン・バルテルミー島
詳細: Commons:Copyright rules by territory/フランス#FOP
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サン・マルタン
詳細: Commons:Copyright rules by territory/フランス#FOP
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シント・マールテン
◯ for buildings and most 2D and 3D artwork
for photographs, maps, applied art, industrial design, and models
Under the Author's Regulation of 1913 as amended 2006,
- Reproduction or publication of pictures made in order to be put on permanent display in public places, of a work such as is normally found in such places, or of a work relating to architecture, will not be regarded as an infringement of the copyright of the author.[1913–2006 Art.18]
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タークス・カイコス諸島
◯ for architecture, sculptures, and works of artistic craftsmanship. for other types of artistic works.
Under the Copyright Act 1911,
- The following acts shall not constitute an infringement of copyright ... 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.[1911 Sec.2(iii)]
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バミューダ
◯ for 2D copies of 3D works. Under section 86 of the Copyright and Designs Act 2004,
- 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.[2004 Sec.86(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) broadcasting or including in a cable programme service a visual image of it.[2004 Sec.86(2)]
- Nor is the copyright infringed by the issue to the public of copies, or the broadcasting or inclusion in a cable programme service, of anything whose making was, by virtue of this section, not an infringement of the copyright.[2004 Sec.86(3)]
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プエルトリコ
詳細: Commons:各国の著作権ルール/アメリカ合衆国#FOP
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フォークランド諸島
◯ (for architecture, sculptures, and works of artistic craftsmanship) and (for other types of artistic works), in the similar manner and rules as the United Kingdom freedom of panorama.
The Copyright Act 1956 c. 74 provides freedom of panorama at Section 9, General exceptions from protection of artistic works.
- The copyright in a work to which this subsection applies which is permanently situated in a public place, or in premises open to the public, is not infringed by the making of a painting, drawing, engraving or photograph of the work, or the inclusion of the work in a cinematograph film or in a television broadcast.[1956 Sec.9(3)]
- (This subsection [Sec.9(3)] applies to sculptures, and to such works of artistic craftsmanship as are mentioned in paragraph (c) of subsection (1) of section three of this Act.)
- The copyright in a work of architecture is not infringed by the making of a painting, drawing, engraving or photograph of the work, or the inclusion of the work in a cinematograph film or in a television broadcast.[1956 Sec.9(4)]
- Without prejudice to the two last preceding subsections, the copyright in an artistic work is not infringed by the inclusion of the work in a cinematograph film or in a television broadcast, if its inclusion therein is only by way of background or is otherwise only incidental to the principal matters represented in the film or broadcast.[1956 Sec.9(5)] (de minimis inclusion of works not permanently situated in public spaces only in television and films)
- The copyright in an artistic work is not infringed by the publication of a painting, drawing, engraving, photograph or cinematograph film, if by virtue of any of the three last preceding subsections the making of that painting, drawing, engraving, photograph or film did not constitute an infringement of the copyright.[1956 Sec.9(6)]
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フランス領ギアナ
詳細: Commons:Copyright rules by territory/フランス#FOP
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マルティニーク
詳細: Commons:Copyright rules by territory/フランス#FOP
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モントセラト
◯ for architecture, sculptures, and works of artistic craftsmanship. for other types of artistic works. The Copyright Act 1956 contains freedom of panorama provisions at Section 9, subsections 3–6, with similar rules as those of the United Kingdom freedom of panorama.
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