Freedom of panorama: what is going on at the EU level?
Fri 26 Jun 2015, 15:20

Article 5(3(h) of the InfoSoc Directive allows Member States to introduce into their own national copyright laws an exception to the rights of reproduction, communication/making available to the public and distribution to allow "use of works, such as works of architecture or sculpture, made to be located permanently in public places" - the so called freedom of panorama.

In light of a possible reform of the legislative framework in the area of copyright, the draft Report prepared by MEP and Pirate Party member Julia Reda on the implementation of the InfoSoc Directive mentioned freedom of panorama be made mandatory (rather than merely optional) for Member States to implement into their own legal regimes.

However, the amended version of the Report, which has received the approval of the Legal Committee of the European Parliament, currently includes a recommendation that "the commercial use of photographs, video footage or other images of works which are permanently located in physical public places should always be subject to prior authorisation from the authors or any proxy acting for them".