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Concept
Freedom of panorama
Summary
Freedom of panorama (FOP) is a provision in the copyright laws of various jurisdictions that permits taking photographs and video footage and creating other images (such as paintings) of buildings and sometimes sculptures and other art works which are permanently located in a public place, without infringing on any copyright that may otherwise subsist in such works, and the publishing of such images. Panorama freedom statutes or case law limit the right of the copyright owner to take action for breach of copyright against the creators and distributors of such images. It is an exception to the normal rule that the copyright owner has the exclusive right to authorize the creation and distribution of derivative works.
In the past, photography and other methods of visually representing public space were severely restricted, for reasons other than authors' rights. France prohibited such acts in the 19th century for protection of privacy. Italy began disallowing representations of archaeological sites in engravings in the 18th century, even if such sites were found in public places, as a protection of their cultural heritage.
The concept of freedom of panorama originated in Germany in the 19th century. The Kingdom of Bavaria introduced an analogous exception in 1840 for pictorial depictions of "works of arts and architecture in their exterior contours" in public spaces. It was intended to reduce the severity of the new copyright rules of the German Confederation which prohibited reproductions, with exception to "mechanical reproductions." Other component states of the confederation soon emulated the legal right, and in 1876 the legal right, based on Bavarian exception, was finally implemented throughout the confederation by the German parliament.
Many countries have similar provisions restricting the scope of copyright law in order to explicitly permit photographs involving scenes of public places or scenes photographed from public places. Other countries, though, differ widely in their interpretation of the principle.
Official source
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