Commons:Freedom of panorama/Asia

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Freedom of panorama
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This page gives overviews of freedom of panorama rules in different countries or territories of Asia. It is "transcluded" from individual page sections giving the rules for each territory.

Countries of Asia

[edit]
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COM:FOP Afghanistan

Afghanistan

 Not OK. The 2008 Law Supporting the Rights of Authors, Composers, Artists and Researchers (Copyright Law) does not contain a freedom of panorama provision. None of the exceptions under Articles 39–44 contain a provision allowing free uses of images of architectural and artistic works that can be found in public spaces.

Article 39 permits reproductions of published works "for personal use only". Article 40 only allows noncommercial uses of extracts of works for teaching purposes. Article 42 is a close provision that allows "the press or other information media" to publish "works displayed openly to the public, provided that the name of the author is clearly indicated," but the types of works are restricted to "speeches, lectures, as well as legal proceedings or similar works," not architectural works or statuaries.

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COM:FOP Armenia

Armenia

  • OK for sculptures: {{FoP-Armenia}}
  • OK for buildings and models of buildings: {{FoP-Armenia}}
  • OK for other art works (paintings, graphics, design and other works of fine arts, works of applied decorative art and stage graphics. maps, plans, sketches and plastic works related to geography, topography, geology, urban planning, architecture and other sciences.{{FoP-Armenia}}

The version of the copyright law provided by WIPO states, "It is allowed to reproduce, broadcast for non-commercial purposes an architectural, photographic or fine art work located in places open to the public without the consent of the author and the payment of author's remuneration".[2013 Article 25(d)] However, an amendment effective late April 2013 removed the restriction on commercial use, and says, "Works which are located on streets, parks, squares and other places open for attendance can be reproduced and broadcasted, and reproduced copies can be distributed, including through internet, without permission of the author and without payment to the author, in any tangible medium and by any means and in any form".[2013 Article 25(d) amended].

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COM:FOP Azerbaijan

Azerbaijan

 Not OK, non-commercial only: {{NoFoP-Azerbaijan}}

According to the Copyright law of 1996 as amended up to Law No. 636-IVQD of April 30, 2013,

  • The following shall be permitted without the consent of the author ... to reproduce, in order to present current events by means of photography or cinematography, broadcasting, cablecasting or other public communication of works seen or heard in the course of such events to the extent justified by the informational purpose.[636-IVQD/2013 Article 19.4]
  • The reproduction, or public communication of architectural works, photographic works and works of fine art permanently located in a public place shall be permissible without the author's or other copyright owner’s consent and without paying author’s remuneration, except where the presentation of the work constitutes the main feature of the said reproduction, or public communication, if it is used for commercial purposes.[636-IVQD/2013 Article 20]

Per Commons:Licensing, noncommercial licensing is not allowed on Wikimedia Commons, hence "not OK".

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COM:FOP Bahrain

Bahrain

 Not OK {{NoFoP-Bahrain}}, Only non-commercial use is allowed. Under Law No. 22 of 2006,

  • It shall be permissible, without a permission from the author and without payment of a compensation but subject to the condition of mentioning the author’s name, to transmit works of fine, applied, plastic or architectural arts to the public through radio broadcasts for non-commercial purposes if such works are permanently displayed at public places.[22/2006 Article 25]
  • Copyright expires after 70 calendar years from the death of author or last surviving author (Joint work).[22/2006 Article 37–38]
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COM:FOP Bangladesh

Bangladesh

OK for architecture, sculptures, and works of artistic craftsmanship: {{FoP-Bangladesh}}

 Not OK for other types of artistic works.

According to the 2000 Copyright Act of Bangladesh, copyright is not infringed by,

  • The making or publishing of a painting, drawing, engraving or photograph of architecture or the display of a work of architecture.[28/2000 Section 72(19)];
  • The making or publishing of painting, drawing, engraving or photograph of a sculpture or other artistic work falling under section 36(c), if such work is permanently situated in a public place or any premises to which the public has access.[28/2000 Section 72(20)];
  • The inclusion in a cinematograph film of (i) any artistic work permanently situated in a public place or any premises to which the public has access; or ii) any other artistic work, if such inclusion is only by way of background or is otherwise incidental to the principal matters represented in the film.[28/2000 Section 72(21)];

Under 2000 Copyright Act of Bangladesh, the "artistic works" are enumerated as: (a) a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph whether or not any such work possesses artistic quality; (b) a work of architecture; and (c) any other work of artistic craftsmanship.[28/2000 Section 2(36)] Thus the Bangladeshi freedom of panorama only applies to works of architecture, sculptures, and works of artistic craftsmanship "permanently situated in a public place or any premises to which the public has access."

As expected in most of the former British colonies, the Bangladeshi law is modelled on UK law, and in the absence of any specific case law to the contrary it is reasonable to assume that the rules will be similar. See the COM:FOP United Kingdom for more details.

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COM:FOP Bhutan

Bhutan

 Not OK. There is no provision for Freedom of Panorama in the Copyright Act of the Kingdom of Bhutan, 2001. None of the indicated exceptions or limitations to copyright at Sections 10–17 contain a provision allowing the free use of a copyrighted work permanently seen or found in public spaces, like architecture and sculptures, without the need to get license clearances from the designers of the said public space works.

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COM:FOP Brunei

Brunei

OK for 3D works and works of artistic craftsmanship = {{FoP-Brunei}}.

 Not OK for 2D graphic works.

Under the Emergency (Copyright) Order, 1999 of Brunei Darussalam,

  • It is not a copyright infringement to make graphic representations, take photographs, broadcast the images of buildings, sculptures, models for buildings and works of artistic craftsmanship given that the object is permanently situated in a public place, nor to reproduce aforementioned works to the public.[1999 Section 66]
  • "Work of artistic craftsmanship" is defined separately from "graphic work".[1999 Section 6] "Graphic work" includes any painting, drawing, diagram, map, chart or plan, and any engraving, etching, lithograph, woodcut or similar work.[1999 Section 6] These works are not covered by the Section 66 exception.[1999 Section 66]
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COM:FOP Cambodia

Cambodia

 Not OK, only incidental ("not the main subject") inclusion is allowed. {{NoFoP-Cambodia}}

Cambodian copyright law does provide some form of freedom of panorama, but does not allow if the artistic works become the main subject of the subsequent reproduction (that is, further depictions). The "principle" on the English version is likely a typographical error, as "principle" is not used as an adjective in the English language. More likely, it should have been "principal".

  • "If there is a clear indication of the author's name and the source of work, the following acts are not subjected to any prohibitions by the author: ... The reproduction of graphic or plastic work which is situated in the public place, when this reproduction doesn't constitute the principle [sic] subject for subsequent reproduction."[2003 Article 25]

Note: "Copyright protection expires 50 years after the death of the original author (who may be the architect, sculptor, or muralist) of a public artistic work of Cambodia.[2003 Article 30] On January 1st of the following year (ie. January 1 of the 51st Year), freely-licensed images of the author's sculptures, buildings, murals, or monuments are now free and can be uploaded to Wikimedia Commons. The lack of Freedom of Panorama is no longer relevant here for sovereign states with no formal FOP legal rights since the author's works are now copyright free."

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COM:FOP 中国 / 中國

China

In general, OK , with attribution {{FoP-China}}, for outdoor and indoor works (since June 2021 with the 2020 amendment of the copyright law allowing indoor works[1]) but Warning sign practically may be problematic with regards to images of 2D works like murals and permanent outdoor paintings (reference: Commons:Deletion requests/File:Mao Zedong portrait.jpg). To summarize:

  • OK for architecture,
  • OK for 3D works like sculptures (and possibly things like handicrafts, ceramics, and tiles), and
  • generally  Not OK for 2D works like murals and outdoor paintings, unless their presences in images are not being main subjects.

The reproduction of artistic, architectural, or applied artwork, is covered under the Copyright Law of the People's Republic of China, which allows reproduction of works in an outdoor public place if the author and the name of the original work is attributed.

  • Article 24: In the following cases, a work may be exploited without the permission from, and without payment of remuneration to, the copyright owner, provided that the name or designation of the author and the title of the work are mentioned and the normal use of the work, or unreasonably damage the lawful rights and interests of the copyright owner shall not be affected:
    (10) copying, drawing, photographing, or video recording of an artistic work located or on display in a public place;...
    The provisions of the preceding paragraph shall apply to restrictions on copyright-related rights.

The "Copyright Law of the People's Republic of China" (2020) Article 24, clause 10 states that:

[A] work may be exploited without the permission from, and without payment of remuneration to, the copyright owner, provided that the name or designation of the author and the title of the work are mentioned and the normal use of the work, or unreasonably damage the lawful rights and interests of the copyright owner shall not be affected:
copying, drawing, photographing, or video recording of an artistic work located or on display in a public place

Regulations and court decisions regarding to freedom of panorama:

The following examples are OK:

  • Photos of the Tian Tan Buddha sculpture. See the court ruling of a civil law case, in which the court ruled that commercial use of a photo of the Tian Tan Buddha by a telecommunications operator on their IP phone cards is permissible.
  • Photos of the May Wind sculpture. Shandong Province Higher People's Court ruled in a civil case that the usage of an image of this sculpture as a wallpaper in cellphones by a cellphone manufacturer is permissible. China's Supreme Court later on endorsed this ruling.
Some limitations to the Chinese freedom of panorama as ruled by courts
  • The Chinese FOP provision can hardly apply to works temporarily displayed in public places according to the reply by Supreme People's Court in 1995, which stated that works displayed only during the festival cannot be considered as "an artistic work located or on display in a public place".
  • More recently, however, Chongqing Yuzhong District People's Court ruled in 2016 that the use of a photo of an outdoor sculpture on postcards for sale (commercial use without attribution) to be an infringement of the sculpture creator's rights (source: [1][2]). Note that the judge applied criteria pertaining to "fair use", including the purpose of reuse, the nature of use, and the consequences of use. Regarding the nature of use, the judge comments, "in this case, the photo contained in the 'Folklore Heritage' postcard issued by the advertising company is a full-body frontal photo of the sculpture of the 'Ciqikou night watchman', which is featured prominently in the picture and is the main vehicle for the postcard to express the design theme of 'Folklore Heritage', so this kind of use is not incidental."
  • Regarding 2D works like outdoor paintings permanently installed in public spaces and murals, a recent court case by Beijing IP court (2020) gave a negative decision: "The Court believes that the general use of 2D art works by copyright owners is relatively simple, that is, copying works, creating derivative works on the basis of the original works for commercial use or authorizing others to do so. If a 2D art work is displayed in a public place, others can freely use it for commercial purposes after photographing, drawing or copying, the licensing and copyright owner's income will be seriously threatened, then the normal use of the work will be affected and the legitimate rights and interests enjoyed by the copyright owner will be prejudiced."
See also: Category:Chinese FOP cases.
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COM:FOP Cyprus

Cyprus

OK {{FoP-Cyprus}}

The WIPO version of Copyright Laws 1976 to 1993, section 7(2)[2], includes exception (c): "the reproduction and distribution of copies of any artistic work permanently situated in a place where it may be viewed by the public;"

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COM:FOP East Timor

East Timor

OK under the new Code of Copyright and Related Rights of 2022: {{FoP-East Timor}}.

The previous law applicable for East Timor, the 1982 Indonesian Copyright Law, did not provide a suitable freedom of panorama for free uses of images of copyrighted artistic works and architecture in public spaces.

Under the new Code of Copyright and Related Rights (2022), a freedom of panorama legal right is provided that is apparently based on Portuguese model:

  • The use of works, such as, for example, works of architecture or sculpture, made to be kept permanently in public places;
  • Original (Portuguese) text: A utilização de obras, como, por exemplo, obras de arquitetura ou escultura, feitas para serem mantidas permanentemente em locais públicos;[2022/Article 129(2)(o)]
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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.

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COM:FOP Georgia

Georgia

 Not OK Images cannot be used if a protected work is the main subject or it is used for commercial purposes.

It shall be permitted to reproduce or communicate to the public without the consent of the author or other copyright holder and without remuneration thereof images of works of architecture, photography, and fine arts permanently displayed in public places, except for the cases when the image of a work is the main object for such reproduction or communication to the public, or is used for commercial purposes.[2112-IIS/2017 Article 24]

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COM:FOP India

India

  • OK. For 3D (architecture and sculptures) {{FoP-India}},
  •  Not OK. For copyrighted 2D (paintings, drawings, maps, pictures, engravings, etc.)

Under the Copyright Act, 1957 (Act No. 14 of 1957, as amended up to Act No. 27 of 2012), the following acts shall not constitute an infringement of copyright:[1957-2012 Section 52]

  • The making or publishing of a painting, drawing, engraving or photograph of a work of architecture or the display of a work of architecture;[1957-2012 Section 52(s)]
  • The making or publishing of a painting, drawing, engraving or photograph of a sculpture, or other artistic work falling under sub-clause (iii) of clause (c) of section 2, if such work is permanently situate in a public place or any premises to which the public has access;[1957-2012 Section 52(t)]
    Section 2(c)(iii) reads "any other work of artistic craftsmanship;".[1957-2012 Section 2(c)(iii)] Paintings, drawings, or photographs fall under Section 2(c){i).[1957-2012 Section 2(c)(i)]
  • The inclusion in a cinematograph film of (i) any artistic work permanently situate in a public place or any premises to which the public has access;[1957-2012 Section 52(u)]
Case/s

Indian law is modelled on UK law, and in the scarcity of more specific case laws to the contrary it is reasonable to assume that the rules will be similar. See COM:FOP United Kingdom for more details.

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COM:FOP Indonesia

Indonesia

 Not OK ({{NoFoP-Indonesia}}), with exception on educational purpose and non-commercial use. There is no usable provision under the Chapter VI ("Copyright Limitations", Articles 43–51) in the 2014 Copyright Law allowing unrestricted uses of images of copyrighted artistic works in public spaces for commercial purposes. Fair use-like provisions exist, such as use for educational and research purposes (Article 44.1), personal use (Article 46), and reporting of current events or short excerpts of the works by the broadcast media (Article 48.b).

This position was upheld by Creative Commons Indonesia in their November 2018 statement on freedom of panorama status in Indonesia.[3]

Several users and contributors have claimed that freedom of panorama exists by virtue of Article 43(d). However, the 2018 statement of Creative Commons Indonesia asserts that this is a restrictive provision, in which every image showing copyrighted architecture and public art must bear a statement claiming that the use is not for profit. Otherwise, direct permission from the creator or copyright holder is totally required when the use involves commercial interest, to avoid acts of copyright infringement.[3] The provision in question:

  • The production and distribution of the copyrighted content through information technology and communication media that are not commercial and/or lucrative for the Author or related parties, or the Author expresses no objection to the manufacture and dissemination in question.[28/2014 Article 43(d)]

It should be noted that Commons:Licensing forbids fair use and non-commercial licensing, as these types of licenses prevent files from "being used by anyone, anytime, for any purpose."

Throughout 2020-21, an extensive discussion, which does not reach any form of meaningful consensus, about the status of FoP in Indonesia can be found here and here.

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COM:FOP Iran

Iran

 Not OK There is no usable FoP provision in the copyright law of Iran. {{NoFoP-Iran}}

According to article 2 of copyright law of Iran (passed on January 1, 1970) architectural works, designs, sketches and buildings and sculptures of all types are protected by copyright law.

According to article 12 of copyright law of Iran, such works remain on protection for a period of 50 years (Reformation of article 12 - 22 August 2010) after the death of its author(s). Also according to article 13, copyright of the works which produced on order by an employer belongs to the employer for a period of thirty years from the date of production. In cases where the work belongs to a legal personality or rights are transferred to a legal personality, it will go into the public domain after 30 years from the date of publication or public presentation (Article 16).[4]

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COM:FOP Iraq

Iraq

 Not OK: Under the 2004 revision to Iraq's Copyright Law No. 3,

  • The protection shall include the works whose method of expression is in writing, sound, drawing, painting or movement, and in particular the following: ... Works entered under the arts of drawing and painting with lines and colors, engraving, sculpture and architecture.[83/2004 Art. 2(4)]
  • Without the written permission of the author or his/her successors, no person shall do any of the following acts: ... Reproduce a work in any manner or form, whether transitory or permanent, including onto photographic (including cinematographic) film or onto a digital or electronic storage medium.[83/2004 Art. 8(1)]
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COM:FOP Israel

Israel

OK. {{FoP-Israel}}

Section 23 of the 2007 Copyright Act states that "Broadcasting, or copying by way of photography, drawing, sketch or similar visual description, of an architectural work, a work of sculpture or work of applied art, are permitted where the aforesaid work is permanently situated in a public place."

According to Dr Sarah Presenti, an Israeli copyright lawyer, the scope of the term "work of applied art" in Israel is broader than the equivalent term in Commonwealth jurisdictions. Presenti suggests that "it includes art work (like adverts, advertising, maps etc.) which transfers useful information" and that "it does not matter if it is 2D or 3D as long as it is a work of art that is meant to deliver useful information. Therefore, an artistic work created for artistic purpose is by no means applied art (e.g. painting)."

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COM:FOP Japan

Japan

  • for artistic works:  Not OK {{NoFoP-Japan}} except in cases governed by Article 46.
  • for buildings only: OK {{FoP-Japan}}

The Copyright Act (Act No. 48 of May 6, 1970, as amended up to Act No. 35 of May 14, 2014), allows the reproduction of artistic works located permanently in open places accessible to the public, such as streets and parks, or at places easily seen by the public, such as the outer walls of buildings, only for non-commercial purposes. Therefore, such photographs are not free enough for Commons.

Architectural works (i.e., buildings) located in such places may be photographed and the photos may be reproduced for any purposes. §46(iv), which contains the "non-commercial" restriction, applies only to "artistic works".[1899-1931 Art. 46(iv)] Some buildings like the Tower of the Sun can be regarded as artistic works per discussion.

Regarding buildings, a 2003 ruling by the Osaka District Court states that in order for a building to be copyrighted, it "must have creativity in aesthetic expression in light of the definition of works stipulated in Article 2, Paragraph 1, Item 1 of the same Act." This means ordinary-looking buildings are not eligible for copyright protection as "architectural works".

For more information, refer to:

Note: According to Japanese copyright law, Japan has a copyright lifetime of 70 years after the death of the author (ie. creator/designer) or following "the death of the last surviving co-author in the case of a joint work." Henceforth, the author's works shall become copyright free and enter the public domain.[1899-1931 Art. 51]

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COM:FOP Jordan

Jordan

 Not OK. Copying is only allowed for private personal, and educational use.

Articles "(17): Use of Published Works" and "(20): Copy of Work without Author’s Consent" of The Copyright Law, No. (22) of 1992 of Jordan do not explicitly mention works of architecture, but they are defined in Article (3) as "Works Enjoying Copyright Protection." Protection also includes the title of the work, unless it's generic and is used to describe the subject of the work.

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COM:FOP Kazakhstan

Kazakhstan

 Not OK Only incidental, non-commercial use is allowed.

It shall be allowed, without consent of the author or owner of the right and without paying out royalties, to reproduce, to broadcast and (or) communicate for general information via cable of works of architecture, photography, fine arts, that are permanently located in the place open for free access, except for cases when the image of the work is the main object of such reproduction, broadcasting and (or) communication for general information via cable, or when the image of the work is used for commercial purposes. [419/2015 Article 21]

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COM:FOP Kuwait

Kuwait

 Not OK: {{NoFoP-Kuwait}}. Chapter V Limitations and Exceptions to Copyright and Related Rights (Articles 31 to 33) does not include an exemption that would allow pictures of artwork or buildings in public places to be made for commercial use.[75/2019 Chapter V]

See also Commons:Village pump/Copyright/Archive/2020/11#Kuwait and FOP for the latest in-depth discussion regarding the freedom of panorama status of Kuwait.

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COM:FOP Kyrgyzstan

Kyrgyzstan

 Not OK: Non-commercial use only

  • Copyright does not prevent reporting of current events by means of photography, broadcasting or communication to the public by cable, with the works that are seen or heard in the course of such events, to the extent justified by the purpose of reproduction or communication of information.[2017 Article 19(5)]
  • The law allows free use of works permanently located in public places by reproduction, broadcasting or cable communication to the public without the author's consent and without payment of royalties, including works of art, photography and architecture, except when the work is the main subject of the reproduction, broadcasting or cable communication to the public or the reproduction is used for commercial purposes.[2017 Article 21]
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COM:FOP Laos

Laos

 Not OK. Law No. 38/NA of November 15, 2017, on Intellectual Property allows only incidental use:

  • "reproducing, by photography or cinematography, images of works of fine art, photographs, and other artistic works, and works of applied art, provided such works have already been published, publicly displayed, or communicated to the public, where such reproduction is incidental to the photographic or cinematographic work and is not the object of the photographic or cinematographic work."[38/NA/2017 Article 115.3]
  • "For the purpose of reporting current events by means of photography, cinematography, broadcasting or communication to the public by wire, literary or artistic works seen or heard in the course of the event may, to the extent justified by the informatory purpose, be reproduced and made available to the public. The above acts shall not conflict with a normal exploitation of the work and shall not unreasonably prejudice the legitimate interests of the author."[38/NA/2017 Article 115]
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COM:FOP Lebanon

Lebanon

 Not OK, for use by media only. {{NoFoP-Lebanon}}

Law No. 75 of 1999 on the Protection of Literary and Artistic Property says:

  • The media shall be permitted, without the authorization of the author and without obligation to pay him compensation, to publish pictures of architectural works, visual artistic works, photographic works or works of applied art, provided that such works are available in places open to the public.[75/1999 Article 31]

This limits freedom of panorama to the media, and so excludes other commercial use.

Note that "media" here refers to those engaged in news and information only, making Lebanese freedom of panorama insufficient for Wikimedia Commons. The French translation uses a more restrictive term that translates to English as "information agencies". See Commons talk:Freedom of panorama/Archive 1#Lebanon for a discussion on this.

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COM:FOP Malaysia

Malaysia

OK {{FoP-Malaysia}}

According to Malaysian Copyright Act 1987, the right of control is excluded from "the reproduction and distribution of copies of any artistic work permanently situated in a place where it can be viewed by the public".[332/2006 Section 13(2)(d)] Section 3 defines "artistic work" as any graphic work, photograph, sculpture, collage, and work of architecture or artistic craftsmanship. Layout-designs of integrated circuits are not artistic works.

For the meaning of the term works of artistic craftsmanship, see "United Kingdom – Freedom of panorama".

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COM:FOP Maldives

Maldives

 Not OK. The relevant section of the The Copyright & Related Rights Act (Law 23 of 2010), "Section 17: Reproduction, broadcasting and other communication to the public for informatory purposes" does not contain any language that indicates freedom of panorama.[23/2010 Section 17]

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COM:FOP Mongolia

Mongolia

OK for works of architecture and sculptures.  Not OK for blueprints and architectural models (free use only for building restoration).  Not OK for 2D works, no indication that the exception extends to murals and other graphic works. Applicable template: {{FoP-Mongolia}}.

Article 46 of the Law of Mongolia on Copyright and Related Rights provides for freedom of panorama, as long as the reproduction is not made to create an exact (identical) structure for direct or indirect commercial purpose.

Freedom of panorama was previously interpreted to not exist in Mongolia according to the now-repealed 2006 Law of Mongolia on Copyright and Related Rights, which only allowed for incidental inclusion of works in public spaces for reporting purposes, while also providing conditions similar to United States fair use conditions. This was superseded by the May 6, 2021 law.[5]

The amended law's Article 46 states that Structures, statues and architectural works may be exploited in the following conditions without the authorization of or compensation to the author or right holder[2021, Article 46.1]:

  • to display them to public by making a duplication of the works of architecture, fine arts and statues located in public places permanently, and by painting, filming or photographing them.[2021, Article 46.1.1] This shall not grant a right to reproduce an identical structure, statue or architectural creation directly or indirectly for commercial purposes.[2021, Article 46.2]
  • the exploitation of architectural drawings/blueprints, models, and schemes for restoration of such buildings and facilities.[2021, Article 46.1.2]

See also Commons:Village pump/Copyright/Archive/2024/05#Updated FoP in Mongolia.

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COM:FOP မြန်မာပြည်

Template:မြန်မာပြည်

Commons:Copyright rules by territory/မြန်မာပြည်

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COM:FOP Nepal

Nepal

 Not OK. There is no freedom of panorama in Nepal.[8/2002 Section 20]

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COM:FOP North Korea

North Korea

OK: {{FoP-North Korea}}

Under the Copyright Law of the Democratic People's Republic of Korea (as amended by Decree No. 1532 of February 1, 2006), A copyrighted work may be used without the permission ... when a copyrighted work in public places is copied.[1532/2006 Article 32.8]

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COM:FOP Oman

Oman

 Not OK Under Royal Decree No. 65/2008, protected works include "Works of drawing, painting, architecture, sculpture, lithography, printing on fabric, wood or metals, and any similar works in fine arts.[2008 Article 2(g)]

Article 20, which covers Free Uses of Works, makes no exemption for freedom of panorama.[2008 Article 20]

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COM:FOP Pakistan

Pakistan

OK {{FoP-Pakistan}}

According to the Copyright Ordinance, 1962 as amended by Copyright (Amendment) Ordinance, 2000, "The following acts shall not constitute an infringement of copyright ... the making or publishing of a painting, drawing, engraving or photograph of a sculpture or other artistic work if such work is permanently situated in a public place or any premises to which the public has access.[XXXIV/2000 Section 57(s)]

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COM:FOP Philippines

Philippines

 Not OK for majority of the works of art. {{NoFoP-Philippines}}

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

There is no provision in any of the exceptions listed under Chapter VIII ("Limitations on copyright") of the IP Code of the Philippines (Act No. 8293) (2015 Edition) allowing images of copyrighted architectural and artistic works to be made and/or distributed for commercial purposes, such as post cards, stamps, calendars, advertising materials, and T-shirt printing.[8293/2015 Chapter VIII Section 184–190]

According to the Intellectual Property Office of the Philippines, street art is "qualifiable for copyright protection" per the copyright law. Accordingly, the artists "enjoy economic rights, which involves generation of profit from others' use, reproduction, or any transformation of their work for commercial purposes. Another right enjoyed by a copyright holder are moral rights or the rights of an author to proper attribution, to make any alterations on his or her works, to withhold or deny publication, and to object to any modifications or mutilation to his or her work."[6]

Section 184 of Chapter VIII provides the following acts as not constituting copyright infringement:[8293/2015 Chapter VIII Section 184.1]

(d) The reproduction and communication to the public of literary, scientific or artistic works as part of reports of current events by means of photography, cinematography or broadcasting to the extent necessary for the purpose; (Sec. 12, P.D. No. 49)

(e) The inclusion of a work in a publication, broadcast, or other communication to the public, sound recording or film, if such inclusion is made by way of illustration for teaching purposes and is compatible with fair use: Provided, That the source and of the name of the author, if appearing in the work, are mentioned.

None of these provisions are strictly free enough for Wikimedia Commons. In particular, fair use is not allowed on Wikimedia Commons, and licensing limited to noncommercial uses is not allowed either.

Recent developments

See meta:Pilipinas Panorama Community/Freedom of Panorama#Recent developments for the recent developments concerning the attempt to introduce freedom of panorama in the country.

Public domain exceptions for FoP-reliant works

[edit]

OK: Buildings completed prior to November 14, 1972: {{PD-Philippines-FoP work}}. The previous copyright laws, the Spanish Law on Intellectual Property (1879)[7] and Act No. 3134 (1924, which followed the U.S. copyright law),[8] did not protect buildings. On November 14, 1972, Presidential Decree No. 49 took effect which formally protected works of architecture and made works copyright-protected upon creation, removing copyright registration formalities.[9] See also the following discussions: Commons:Village pump/Copyright/Archive/2020/08#Philippine buildings before 1972 and Commons:Village pump/Copyright/Archive/2021/06#Philippine buildings from 1951–1972 - anew.

OK: Artistic works (e.g. sculptures) made before 1972 that were not registered, and artistic works made before 1942 that were once registered but not renewed: {{PD-Philippines-FoP work}}. Act No. 3134, the then-prevailing copyright law,[8] required registration and a notice for a work to be copyright-protected. Such requirements were removed by Presidential Decree No. 49 s. 1972. Works were considered not protected by copyright unless these were registered, and the term of copyright was 30 years from the date of registration. See also Commons:Deletion requests/Files in Category:Bonifacio National Monument (Caloocan City)#Files in Category:Bonifacio National Monument (Caloocan City) 2.

OK: literary texts on commemorative markers from the National Historical Commission of the Philippines (NHCP) and its predecessors: {{WorkDepicted-PD-PhilippinesGov}}. See also this deletion request.

General copyright term for all architectural and artistic works: Copyright protection expires 50 years after the death of the original or last-surviving author (whether the architect, sculptor, painter, or other artist). On January 1st of the following year (ie. January 1 of the 51st 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 Philippine freedom of panorama is no longer relevant here since the author's works are now copyright free.

See also: Category:Philippine FOP cases.
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COM:FOP Qatar

Qatar

 Not OK. For noncommercial purposes of personal use and illustration through teaching only. Under Chapter V, "Restrictions on Copyright and Neighboring Rights":

(1) using the work exclusively for personal use, through reproduction, translation, quotation, musical arrangement, acting, broadcast listening, television viewing, photography or by any other means; [7/2002 Article 18]

(2) using the work by way of illustration for teaching, through publications, broadcasts, sound or visual recordings, films or by any other means, to the extent justified by the purpose, provided that the use is non­profit making and the source and the name of the author are indicated. [7/2002 Article 18]

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COM:FOP Russia

Russia

Article 1276 of Part IV of the Civil Code of the Russian Federation states:[10]

  • 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.[11]

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.[12]

Before January 1 2008, freedom of panorama was regulated by the similar (but not the same) article 21 of Copyright Law of Russia.[13]

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.

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Saudi Arabia

 Not OK {{NoFoP-Saudi Arabia}}

  • The Copyright Law detailed in the Royal Decree No. M/41, 2 Rajab, 1424 (30.08.2003) and the Implementing Regulations contain no mention of freedom of panorama permitting commercial uses of photographs of architecture and public art still under their designers' copyrights.
  • Even taking pictures of sites not covered by copyrights may be challenged, and photographers operating in Saudi Arabia have found it useful to carry a copy of a decree allowing taking pictures from public places. For purposes of Wikimedia Commons, such restrictions are non-copyright restrictions and image files that may show restricted sites can be kept, unless these show a recent work by architects or sculptors who are not yet dead for more than 50 years.[14][15][16]

Note: "Copyright protection expires 50 years after the death of the original author (who may be the architect, sculptor, or muralist) of a public artistic work of Saudi Arabia. On January 1st of the following year (ie. January 1 of the 51st Year), freely-licensed images of the author's sculptures, buildings, murals, or monuments are now free and can be uploaded to Wikimedia Commons. The lack of Freedom of Panorama is no longer relevant here for sovereign states with no formal FOP legal rights since the author's works are now copyright free."

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COM:FOP Singapore

Singapore

  • OK for 3D objects and some 2D objects = {{FoP-Singapore}}
  •  Not OK for paintings, drawings, engravings, and photographs

Freedom of panorama is granted to several types of artistic works in public spaces by Section 265 of the Copyright Act 2021 (Act 22 of 2021). Subsection 1 of the section enumerates works eligible for the Singaporean freedom of panorama: buildings or models of buildings; sculptures situated "other than temporarily" in public spaces or "premises open to the public"; and works of artistic craftsmanship.

Subsection 2 allows publications of the aforementioned eligible works in paintings, drawings, photographs, engravings, films, and television broadcasts or cable programmes. With the exception of the last-mentioned type of representation, publications of such representations are only permitted if the representations are "made on or after 10 April 1987."[22/2021 Section 265(2)(b)(i) and (d)(i)]

If the paintings, drawings, engravings, and photographs of buildings, permanent sculptures, and/or works of artistic craftsmanship were made before that date, the law permits publications if "the making would have been a permitted use under paragraph (a) if this Act had been in operation at the time of the making."[22/2021 Section 265(2)(b)(ii)] Similar condition exists for films: "the making would have been a permitted use under paragraph (c) if this Act had been in operation at the time of the making."[22/2021 Section 265(2)(d)(ii)] Paragraph (a) states the following permitted use: "making a painting, a drawing, an engraving or a photograph of the work." For paragraph (c), "including the work in a film." See also Commons:Village pump/Copyright/Archive/2021/10#Singapore New Copyright Act Gazetted.

Section 20(1)(a) of the copyright law provides definitions for artistic works:

  • a painting, a sculpture, a drawing, an engraving or a photograph (whether the work is of artistic quality or not);[22/2021 Section 20(1)(a)(i)]
  • a building or a model of a building (whether the building or model is of artistic quality or not);[22/2021 Section 20(1)(a)(ii)]
  • a work of artistic craftsmanship to which neither sub-paragraph (i) nor (ii) applies[22/2021 Section 20(1)(a)(iii)]

This means that the Singaporean freedom of panorama does not apply to two-dimensional works such as billboards, posters and paintings in a gallery, even if these are permanently displayed in a public place. It does include some 2D works that are works of artistic craftsmanship, such as textiles.

For artistic works that are not eligible for the Singaporean freedom of panorama, incidental inclusion is provided through Section 266 of the law, but only "in a film, television broadcast or cable programme," not photographs.

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COM:FOP South Korea

South Korea

 Not OK, non-commercial only for artistic works, buildings, and photographs. {{NoFoP-South Korea}}

Note: Please tag South Korean no-FoP deletion requests: <noinclude>[[Category:South Korean FOP cases/pending]]</noinclude>
Under the Copyright Act (as amended up to Act No. 8101 of June 29, 2007),

Article 35 (Exhibition or Reproduction of Works of Art, etc.),
(1) The holder of the original of a work of art, architectural work or photographic work (hereinafter referred to as “work of art, etc.”), or a person who has obtained the holder’s consent, may exhibit the work in its original form: Provided, That where the work of art is to be permanently exhibited on the street, in the park, on the exterior of a building, or other places open to the public, the same shall not apply.
(2) Works of art, etc. exhibited at all times at an open place as referred to in the proviso to paragraph (1) may be reproduced and used by any means: Provided, That in any of the following cases, the same shall not apply:
  1. Where a building is reproduced into another building;
  2. Where a sculpture or painting is reproduced into another sculpture or painting;
  3. Where the reproduction is made in order to exhibit permanently at an open place under the proviso to paragraph (1);
  4. Where the reproduction is made for the purpose of selling its copies.
(3) A person who exhibits works of art, etc. pursuant to paragraph (1), or who intends to sell originals of works of art, etc., may reproduce and distribute them in a pamphlet for the purpose of explaining or introducing them.
(4) No portrait nor a similar photographic work produced by commission shall be used without the consent of the commissioner.

This permits any reproduction of works permanently installed in "open places", 35.(2).4 specifically states that the rule does not apply "where reproduction is made for the purpose of selling its copies." Reproduction is defined in Section 2.(22) as "...the fixation or the reproduction in a tangible medium by means of printing, photographing, copying, sound or visual recording, or other means." Selling reproduction of artistic works in public place is not allowed, for examples, selling postcard, calendar, collection of photos in which the artistic works have major part is not allowed.[17]

Exception

OK for non-building structures (such as bridges, dams, tunnels, etc.)

Non-building structures are not mentioned in Copyright Act Article 4, so they do not have a copyright in South Korea. Please use {{PD-structure|KOR}} or {{PD-SK-nonbuilding-structure}} for photos of South Korean non-building structures.

See also: Commons:Deletion requests/Files in Category:Yi Sun-sin Bridge

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Sri Lanka

 Not OK The prevailing Intellectual Property Act, No. 36 of 2003 does not provide any freedom of panorama clause. The exceptions at Section 11 only deal with U.S.-style "fair use" like criticism, comment, news reporting, teaching, scholarship, and research.[36/2003 Section 11]

The now-repealed Code of Intellectual Property Act, No. 52 of 1979 had a limited freedom of panorama for films and television broadcasts only, as long as the source and name of the author of the works of art and architecture "permanently located in a place where they can be viewed by the public" were mentioned in the films or television broadcasts.[52/1979 Section 13(d)]

Sri Lankan copyright law was revised 2001–2003, dropping any direct reference to anything resembling "freedom of panorama". Still the legal right of the repealed law would not be compatible to Wikimedia Commons as it was for films and television broadcasts only, excluding photographs.

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Syria

 Not OK, {{NoFoP-Syria}}. Legislative Decree No. 62/2013 only allows broadcasting of images of works in public places.

  • Without the permission of the author and without making any compensation, the author may transfer works of fine arts or applied works, or plastic or architectural works to the public through the materials of the broadcasting stations if such works are permanently present in public places.[62/2013 Art. 39]
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Tajikistan

 Not OK. Under the the Law on Copyright and Related Rights (as amended up to 2009), only incidental and non-commercial use is allowed:

  • It is permitted without the consent of the author or other owner of the copyright rights and without payment of author's remuneration, to reproduce and broadcast by radio or cable for general information architecture works, photography and graphic arts which are permanently located in a public place, apart from cases where the work is the main subject, or where the image is used for commercial purposes.[2009 Article 21]
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COM:FOP Thailand

Thailand

OK {{FoP-Thailand}}

The Thai Copyright Act of B.E. 2537 (A.D. 1994) states that:

  • A drawing, painting, construction, engraving, moulding, carving, lithographing, photographing, cinematographing, video broadcasting or any similar act of an artistic work, except an architectural work, which is openly located in a public place shall not be deemed an infringement of copyright in the artistic work.[2537/1994 Sec.37]
  • A drawing, painting, engraving, moulding, carving, lithographing, photographing, cinematographing or video broadcasting of an architectural work shall not be deemed an infringement of copyright in the architectural work.[2537/1994 Sec.38]

For artistic works that are not situated in public spaces (not "openly located in a public place"), these can only be photographed freely if de minimis:

  • A photograph or cinematograph or video broadcast of a work of which an artistic work is a component shall not be deemed an infringement of copyright in the artistic work.[2537/1994 Sec.39]
  • Note that artistic work as defined by Section 4 of the law does not include works of literature. On the other hand, architecture as defined in the same section includes "design of buildings or constructions, a design of interior or exterior decoration as well as a landscape design or a creation of a model of buildings or constructions." It can be interpreted that elegant bridges are works of architecture that fall under the freedom of panorama, through the element "constructions."

According to several Thai Wikimedians, the Thai text of Copyright Act B.E. 2537 (1994) gives a more comprehensive clause, containing permanence requirement. (Reference: Commons:Deletion requests/File:Prince Dipangkorn Rasmijoti poster for mother's milk.jpg)

See also: Category:Thai FOP cases.
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COM:FOP Türkiye

Turkey

OK only for exterior architecture and artistic works permanently found on public streets, avenues, and squares.  Not OK 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.

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Turkmenistan

 Not OK. Only allowed for incidental, non-commercial use. Under Law No. 257-IV of January 10, 2012, permitted use includes:

  • Reproduction, broadcasting or communication to the public by cable of works of architecture, photography or fine art permanently located in a place open to public access, except when the image of the work is the main subject or it is used for commercial purposes;[2012 Article 19(7)]
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COM:FOP United Arab Emirates

United Arab Emirates

 Not OK {{NoFoP-UAE}}

Note: Please tag Emirati no-FoP deletion requests: <noinclude>[[Category:United Arab Emirates FOP cases/pending]]</noinclude>

There is no usable FoP provision in the copyright law of the UAE (Federal Law #1 of 1972, Federal Law #15 of 1980, Federal Law #40 of 1992, and Federal Law (32) 2006). UAE copyright law as of 2006 discusses an FoP like provision, but it is restricted to "broadcasts".

  • The author must not prohibit a third person from performing one of the following acts ... Presenting fine arts, applied and plastic arts or architectural works in broadcasting programmes, if such works are permanently present in public places.[7/2002 Article 22.7]

See Commons talk:Freedom of panorama/Archive 6#Update: UAE FoP situation under dispute for a discussion on FoP in the UAE.

Note: "Copyright protection expires 50 years after the death of the original author (who may be the architect, sculptor, or muralist) of a public artistic work of the United Arab Emirates. On January 1st of the following year (ie. January 1 of the 51st Year), freely-licensed images of the author's sculptures, buildings, murals, or monuments are now free and can be uploaded to Wikimedia Commons. The lack of Freedom of Panorama is no longer relevant here for sovereign states with no formal FOP legal rights since the author's works are now copyright free."

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COM:FOP Uzbekistan

Uzbekistan

 Not OK: Only incidental reproduction for non-commercial purposes is allowed.

The law allows without consent of the author or other legal owner, and without payment of remuneration the reproduction, on-air transmission or cable transmission of architectural works, photos, visual art works that are permanently located in a place open for free attendance. This rule does not extend to cases when the representation of work is the basic subject of such reproduction, on-air transmission or cable transmission, as well as in case, when the representation of work is used for commercial purpose.[LRU-476/2018 Article 28]

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COM:FOP Vietnam

Vietnam

 Not OK: all uploaded photographs of architectural and artistic works in public spaces from Vietnam, uploaded on Wikimedia Commons from 1 January 2023 onwards. Law No. 07/2022/QH15 which considerably amended the copyright law was passed on 16 June 2022, with the amendments coming into effect on 1 January 2023 (ASEAN briefing article, the text of the law in Vietnamese). The amendment added a non-commercial restriction to the Vietnamese freedom of panorama, but non-commercial licenses are not acceptable on Wikimedia Commons: To take photograph or televise the art work, architectural, photographic, applied-art works displayed at public places for the purpose of presenting images of these works and not for commercial purposes[07/2022 Article 25.1(h)].[18] Decree No. 17/2023/ND-CP explained "works of art" are works which are expressed by lines, color, shapes, composition, including: Paintings (paintings of lacquer, oil paint, powder, water color, dó paper, and other materials); graphics (wood engravings, metal engravings, rubber engravings, plaster engravings, unique prints, rock prints, propaganda paintings, graphic design, and other materials); sculpture (statues, monuments, relief, memorials, symbolic blocks); installation arts and other forms of contemporary art[Decree No. 17/2023 Article 6.7].[19] Works of art, sculpture, installation art, and other forms of contemporary art exist as unique copies; works of graphic art can be depicted to the 50th iteration which must be numbered and signed by the authors[Decree No. 17/2023 Article 6.7].[19] "Works of applied art" are works expressed by lines, color, shapes, and compositions with useful functions, potentially associated with a useful item, and manufactured manually or industrially and include: Graphic design (presentation of product logos, identity, and packaging; presentation of characters); fashion design; aesthetic design associated with forming products; aesthetic interior design, interior and exterior decoration[Decree No. 17/2023 Article 6.8].[19] Works of applied art are expressed by aesthetic shaping of products, cannot be easily created by persons with average understanding in respective field, and do not require aesthetic exterior in order to function[Decree No. 17/2023 Article 6.8].[19] Applicable template: {{NoFoP-Vietnam}}

  • Note, valid from 1 January 2023 onwards: "Copyright protection expires 50 years after the death of the original author (who may be the architect, sculptor, or artist of applied art) of a public artistic work of Vietnam. On January 1st of the following year (ie. January 1 of the 51st Year), freely-licensed images of the author's sculptures, buildings, applied arts, or monuments are now free and can be uploaded to Wikimedia Commons. The lack of commercial Freedom of Panorama is no longer relevant here for sovereign states with no formal FOP legal rights since the author's works are now copyright free."

OK: photographs and television broadcasts of plastic arts (sculptures, ceramics etc.), architecture, photographs, applied arts (pottery, furniture etc.) displayed at public places, uploaded on Wikimedia Commons until 31 December 2022. The new amendments are not retroactive. Applicable template: {{FoP-Vietnam}}

Examples of "plastic art" are finearts, graphic arts, sculpture, installation arts and similar forms of presentation, which are available in unique copies. Particularly, a work of graphic art may be presented in as many as 50 copies which are ordinarily numbered and bear the author’s signature.[Decree No. 22/2018 Article 13.1] Examples of "applied art" are graphic designs (expression of logo, identification system and packaging labels), fashion designs, product designs, interior design and decoration.[Decree No. 22/2018 Article 13.2] Under Law No. 50/2005/QH11 of November 29, 2005 amended by Law No. 36/2009/QH12 of June 19, 2009, "Use of published works in which permission and payment of royalties or remunerations are not required includes ... Photographing or televising of plastic art, architectural, photographic, applied-art works displayed at public places for the purpose of presenting images of these works."[36/2009 Article 25.1(h)]

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Yemen

 Not OK: The list of exceptions (Articles 40–47) of the Law No. 15 of 2012 on the Protection of Copyright and Related Rights does not contain any freedom of panorama provision allowing free uses of images of copyrighted architectural and artistic works in public spaces. Only allowed uses:

  • Personal use.[15/2012 Article 40(1)]
  • Non-profit educational or training purposes ("with due reference be made to the source and name of the author").[15/2012 Article 40(2)]
  • "Taking photographs of any entity that has been previously photographed."[15/2012 Article 40(4)]

Limited recognition

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COM:FOP Abkhazia

Abkhazia

 Not OK. Only incidental, non-commercial use allowed. Under the 2006 Law on Copyright and Related Rights,

  • It is allowed without the consent of the author and without paying the author's fee to reproduce, broadcast or communicate to the public by cable of works of architecture, photography or fine art which are permanently located in a place open to the public, except when the image of the work is the main object such reproduction, transmission or broadcast to the public by cable or when the image of the work is used for commercial purposes.[2006 Art.21]
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COM:FOP 中華民國

Taiwan

  • OK for buildings only {{FoP-Taiwan}}
  •  Not OK for artistic works (sculptures, murals, and other non-architecture)

Article 58 of the "Copyright Act" states that:

Artistic works or architectural works displayed on a long-term basis on streets, in parks, on outside walls of buildings, or other outdoor locales open to the public, may be exploited by any means except under the following circumstances:
  1. Reproduction of a building by construction of another building.
  2. Reproduction of a work of sculpture by production of another sculpture.
  3. Reproduction for the purpose of long-term public display in locales specified in this article.
  4. Reproduction of artistic works solely for the purpose of selling copies.

Reproductions of artistic works are thus only for non-commercial purposes; therefore, such photographs are not free enough for Commons:  Not OK.

The Taiwan Intellectual Property Office upheld this exact and restrictive perspective on freedom of panorama in their two correspondences which are accessible online: Reply No.1111122 and Reply No.1111230. This not only replaces some inconsistent interpretations in the past which Wikimedia Commons accepted in 2018 (for 3D public art) and in 2020 (for 2D public art), but also reinstated the original standpoint of Wikimedia Commons regarding the Taiwanese freedom of panorama. A more recent correspondence from TIPO, Reply No.11260001910, reaffirms the prior replies and explicity states that the use of free Creative Commons licenses on photos of copyrighted public art (such as outdoor sculptures of Ju Ming and Hongtong village murals) as mandated by Wikimedia may result to copyright infringement as the licenses involve the use of those photos on post cards and other media in which the only purpose is to sell copies of the artistic work. TIPO suggested that the Creative Commons license terms should exclude "reproduction of artistic works solely for the purpose of selling copies of the said works."

Also, Article 64 states that:

  • Who uses other people's works according to Article 44 to 47, Article 48 to Article 50, Article 52, Article 53, Article 55, Article 57, Article 58, and Articles 60 to 63, shall clearly indicate their origin.
  • The source of the explicit source in the preceding paragraph shall be used in a reasonable manner except for those whose name is unknown or whose works are unknown.

See also these related discussions: in October 2021 and in January 2023 on Commons, and also an extensive discussion and debate over the matter in Chinese Wikipedia.

Architecture vs. artistic works

Reply No.11260001910 reaffirms the standards of what is an architectural work in Taiwan, citing Section 4 the Building Act. Accordingly, a building "refers to the structures or miscellaneous works fixed on the ground or under the ground surface, having top covers, beams, columns, or walls, and used for individuals or the public." According to TIPO, if a certain work belongs to the categories of both architectural works and artistic works, the said work is still subject to the non-commercial restrictions of Taiwanese freedom of panorama at Article 58, paragraph 4.

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COM:FOP Northern Cyprus

Northern Cyprus

OK: 1911 U.K. copyright law still applies in Northern Cyprus (source) which allows Freedom of Panorama.

See also: Commons:Village pump/Copyright/Archive/2023/02#FoP status of Northern Cyprus

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COM:FOP فلسطين / Palestine

Palestine

OK except "graphic works", courtesy of the 1911 Copyright Act. Under Section 2(1):

  • The following acts shall not constitute an infringement of copyright:
  • (iii) The making or publishing of paintings, drawings, engravings, or photographs of a work of sculpture or artistic craftsmanship, if permanently situate in a public place or building, or the making or publishing of paintings, drawings, engravings, or photographs (which are not in the nature of architectural drawings or plans) of any architectural work of art.
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South Ossetia

 Not OK, non-commercial use only if the work is the main subject of the reproduction. However, it should be OK if the work is not the main subject of the photograph or video.

  • It is allowed without the consent of the author or other holder of rights, and without payment of royalties, to reproduce, broadcast or transmit by cable works of architecture, photography, and fine art which are permanently located in a place open to public access, unless the image of the work is the main object such reproduction, broadcasting or transmission by cable or when the image of the work is used for commercial purposes.[20][2012 Art.21]

Other territories

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COM:FOP Akrotiri and Dhekelia

Akrotiri and Dhekelia

Further information: Commons:Copyright rules by territory/Cyprus#FOP

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COM:FOP British Indian Ocean Territory

British Indian Ocean Territory

Further information: Commons:Copyright rules by territory/United Kingdom#FOP

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COM:FOP Hong Kong

Hong Kong

OK for 3D works and 2D artistic craftsmanships,  Not OK for many other 2D works, unless HKSAR government stated OK separately in particular cases. {{FoP-Hong Kong}}

According to Copyright Ordinance (Chapter 528) (consolidated version of May 27, 2016), it is not a copyright infringement to make graphic representations, take photographs, or broadcast the images of buildings, sculptures, models for buildings and works of artistic craftsmanship, if the object is permanently situated in a public place or in premises open to the public.[528/2016 Section 71]

Because Hong Kong was a territory of the United Kingdom until 1997, Hong Kong law is modeled 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 United Kingdom for more details.

Similar to the UK law, 'works of artistic craftsmanship' is defined separately from 'graphic work'. The latter includes any painting, drawing, diagram, map, chart or plan, and any engraving, etching, lithograph, woodcut or similar work. Therefore freedom given in Sect 71 does not apply to posters or maps in public places.

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COM:FOP Macau

Macau

OK {{FoP-Macao}}

  • It is legal, without the consent of the author ... To make copies by photography, videography, cinematography or other analogous means, of works of art placed in public places.[43/99/M/2012 Article 61(l)]
  • However, the free use of a protected work must not prevent its normal economic exploitation nor unjustifiably prejudice the legitimate interests of the author.[43/99/M/2012 Article 62(l)]
  • The reproductions allowed under article 61 should not be confused with the original works by those who use them, and the reproduction or citation cannot be so extensive as to detract from the interest in those works.[43/99/M/2012 Article 62(3)]

partly located in Asia

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Freedom of panorama
Africa‌Americas‌Asia‌Europe‌Oceania‌Others
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  10. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named CodeIV-1276
  11. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named CCAmend2014
  12. ↑ Фирма, связанная с Никитой Михалковым, проиграла суд за права на памятник Татищеву и де Геннину. 66.ru (2021-08-26).
  13. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named WS199353511
  14. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named PhotoDecreAr
  15. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named PhotoDecreEn
  16. ↑ Commons:Village pump/Archive/2012/09#Photography in Saudi Arabia
  17. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named Jin-wonChoe
  18. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named Law2022
  19. ↑ a b c d Cite error: Invalid <ref> tag; no text was provided for refs named Decree2023
  20. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named fopSouthOssetia
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