Commons:Freedom of panorama/Others
This page gives overviews of freedom of panorama rules in miscellaneous unions and former countries. It is "transcluded" from individual page sections giving the rules for each territory.
Unions
[edit]COM:FOP Andean Community
Andean Community
Default is 
OK, unless a stricter standard was set by a member state. Decision 351 of the Andean Community of Nations provides for Freedom of panorama as follows:
- "Article 22.- 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".[1993 Article 22(h)]
- File 044-IP-2013 is an example of the commercial use of a property broadcast in a mass media, requiring explicit mention of its author and its publication is for "good commercial practice" (quoted as "buena fe comercial"). Otherwise, as its unlawful appropriation, this is considered as lucrative exploitation.
- A crucial passage at the last paragraph (P.39 Noveno) of the said ruling reads "Se advierte que las anteriores previsiones consagradas en la norma comunitaria, al ser tan generales en materia de procedimiento, dejan abierto un gran margen para que el ordenamiento interno de los Países Miembros regule los procedimientos y procesos con base en la norma comunitaria, de conformidad con el principio de complemento indispensable." Translated as: "It is noted that the previous provisions enshrined in the community standard, being so general in terms of procedure, leave open a great margin for the internal regulations of the Member Countries to regulate the procedures and processes based on the community standard, in accordance with the principle of indispensable complement." Interpreting from this, this means the FoP exception of the Decision 351 is binding in all member states, but the member states have the right to regulate or restrict the exception as being applied to them.
COM:FOP European Union
European Union
There is a European Parliament directive on the harmonisation of the copyright law 2001/29/EC which asserts in article 5 section 3 letter h that the copyright law of the member states may restrict the copyright rights for sculptures and buildings exposed in public places:
- "Member States may provide for exceptions or limitations to the rights provided for in Articles 2 and 3 in the following cases: (...) (h) use of works, such as works of architecture or sculpture, made to be located permanently in public places".[1]
COM:FOP United Nations
United Nations
No information available
Former countries
[edit]COM:FOP Czechoslovakia
Czechoslovakia
The Czechoslovak copyright law (Act No. 35 of March 25, 1965 Concerning Literary, Scientific and Artistic Works) provided an adequate freedom of panorama at Section 15(2)(f): The author’s permission for the use of a work is not required and remuneration need not be paid by a person who...f) imitates a work of art, displayed in public premises, in another field of art, photographs of a thus displayed work of art may be reproduced and distributed also without the author’s permission.
The successor states Czech Republic and Slovakia also provide freedom of panorama; see Commons:Copyright rules by territory/Czech Republic#Freedom of panorama and Commons:Copyright rules by territory/Slovakia#Freedom of panorama for information.
COM:FOP Free City of Danzig
Free City of Danzig
No information available
COM:FOP Manchukuo
Manchukuo
No information available
COM:FOP Ottoman Empire
Ottoman Empire
No information available
COM:FOP Soviet Union
Soviet Union
Most of the successor nations of the Soviet Union have identical provisions on freedom of panorama and restrict it to non-commercial uses only.
Refer to the pages describing the copyright rules for each member state for current rules.
COM:FOP Yugoslavia
Yugoslavia
The Yugoslav Copyright Act of 1978 provided some form of freedom of panorama provision:
- It is allowed on the territory of the Socialist Federal Republic of Yugoslavia without the permission of the author...[693/1978 Article 48]
- reproduction of works of art exhibited on streets and squares, unless the reproduction of a sculptural work is obtained by printing from a mold.[693/1978 Article 48.4]
- reproduction of sculptural and painting works and works of architecture by means of photography in newspapers and magazines, unless the author expressly forbids it.[693/1978 Article 48.5]
The second succeeding paragraph after paragraph 5 of the article governed all exceptions under the article: "In all cases from paragraph 1 of this article, the name and surname of the author of the original work and the origin of the borrowing must be clearly indicated."
The freedom of panorama exception would only be applicable to photographs made during the Yugoslav era. Current photographs, including the uploaders' own photographs, are subject to the FoP rules of the successor states.
Some citation text may not have been transcluded
|
|---|
|