Photography in public places - Freedom of Panorama
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| The Linesman" by Dony MacManus - City Quay, Dublin |
Last year, the European Parliament rejected a proposal that would have restricted the photography of copyrighted buildings and sculptures from public places and recommended the European Commission to not restrict this freedom. (freedom of panorama)
This year, the European Commission is holding a public consultation until the 15th of June, to hear our opinion on this topic. For anyone taking photographs or using images depicting buildings, sculptures and monuments, this could have potential ramifications.
Irish copyright law permits photographers to photograph sculptures, buildings, and works of artistic craftsmanship that are permanently located in a public place or premises open to the public, and to publish such pictures in any way.
At present certain EU countries (e.g. Greece, France and Italy) can restrict the use of photos showing copyrighted structures in public places.
So while I am free to photograph and publish this photo of my favourite Dublin Sculpture, "The Linesman" by Dony MacManus, without infringing copyright, I cannot photograph or upload a photo of, for example, the “light show” on the Eiffel Tower at night, as it is copyrighted in France. During the day with no lights, it is fine to photograph the building.
While copyright and licensing of our work is vital to all artists, (including photographers) can you imagine the chaos that could be caused if a permit/license had to be obtained for anyone to photograph in public, even with an office block/sculpture/work of art in the background, without breaking the law?
If we consider the photo above, there are at least 2 pieces of art and at least 2 buildings visible, that are possibly still within copyright. Thats 4 licenses that could be needed, if freedom of panorama was abolished in Ireland. How would I know? How would a tourist know?
So perhaps you might want to think twice, the next time that you upload that selfie, in front of that piece of sculpture when abroad. You may be unwittingly breaking the law!
The European Commission has to make its decision, taking into account the Parliament’s recommendations from last year. It will also take on board the direct views of European citizens. By having your voice heard, you can help save the Freedom of Panorama or even broaden it to those European countries which don’t have it yet.
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