Commons:Panorámaszabadság/Amerika
Ez a lap áttekintést nyújt a panorámaszabadsággal kapcsolatos szerzői jogi szabályokról különböző amerikai országokban; az egyes országok szabályairól szóló lapok „beillesztéséből” áll, összehasonlításra vagy karbantartásra hasznos.
Amerika országai
COM:FOP United States
Amerikai Egyesült Államok
Nincs adat
COM:FOP Antigua and Barbuda
Antigua és Barbuda
Nincs adat
COM:FOP Argentina
Argentína
Nincs adat
COM:FOP Bahamas
Bahama-szigetek
. The Bahamas has freedom of panorama for architecture, and 2D and 3D artistic works on display in places or premises open to the public.
According to the 2010 version of Statute Law of The Bahamas - Chapter 323,
- The copyright in an architectural work that has been constructed does not include the right to prevent the making, distributing or public display of pictures, paintings, photographs or other pictorial representations of the work, if the building in which the work is embodied is located in or is ordinarily visible from a public place.[Cap 323/2010 Sec.78 (1)]
- The copyright in an artistic work does not include the right to prevent the making, distributing or public display of pictures, paintings, photographs or other pictorial representations of the work if the work is located in or ordinarily visible from a public place.[Cap 323/2010 Sec.79 (1)] This section applies to (a) buildings; (b) sculptures, models of buildings and artistic works, if permanently situated in a public place or in premises open to the public. [Cap 323/2010 Sec.78 (2)]
- In this Act... “artistic works” include two-dimensional and three dimensional work of fine, graphic and applied art, photographs, prints and art reproductions, maps, globes, charts, diagrams, models, architectural plans and technical drawings;"[Cap 323/2010 Sec.2 (1)]
COM:FOP Barbados
Barbados
for 3D works and works of artistic craftsmanship, 
for 2D artwork. Use {{FoP-Barbados}} for images of compliant public artistic works of Barbados.
Under the Copyright Act 1998 revised up to 2006, copyright in a work is not infringed by its incidental inclusion in an artistic work, sound recording, film, broadcast or cable programme.[Cap.300/2006 Section 54(a)]
This section [73] applies to buildings; sculptures, models of buildings and works of artistic craftsmanship, if permanently situated in a public place or on premises open to the public.[Cap.300/2006 Section 73(1)] The copyright in a work referred to in subsection (1) is not infringed by making a graphic work representing it; making a photograph or film of it; broadcasting or including in a cable programme service a visual image of it; or issuing to the public copies, or the broadcasting or including in a cable programme service anything whose making was, by virtue of this section, not an infringement of copyright.[Cap.300/2006 Section 73(2)]
Barbadian 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.
COM:FOP Belize
Belize
{{FoP-Belize}}
The Belize Copyright Act of 2000 states that photographs, films, or graphic works depicting a building, sculpture, or work of artistic craftsmanship, if permanently situated in a public place or in premises open to the public, do not infringe the copyright of the original work.[Cap.252/2000 Section 78]
Prior to 2000, freedom of panorama was granted by the Copyright Act 1956 of the United Kingdom.
COM:FOP Bolivia
Bolívia
, see Commons:Copyright rules by territory/Andean Community#Freedom of panorama. {{FoP-Bolivia}}.
Law No.1322 of April 13, 1992, on Copyright does not give a freedom of panorama provision. However, Decision 351 of the Andean Community of Nations (of which Bolivia is part of) provides for a freedom of panorama provision.
COM:FOP Brazil
Brazília
Nincs adat
COM:FOP Chile
Chile
Nincs adat
COM:FOP Costa Rica
Costa Rica
: Non-commercial use of public art and architecture only. ({{NoFoP-Costa Rica}}) According to Law Nº 6683 as amended up to 2021:
- It is lawful to make photographic reproductions or other pictorial processes, when this reproduction is without commercial purpose, of statues, monuments and other works of art protected by copyright, acquired by the public authority, exhibited in the streets, gardens and museums.[6683/2021 Article 71]
This non-commercial restriction is identical to the 2010 version of the law; in any case, image files of copyrighted Costa Rican architecture and public art are not allowed on Wikimedia Commons and must be nominated for deletion; such content does not conform to Commons:Licensing which requires commercial uses.
Original Spanish text:
Es lícita la reproducción fotográfica o por otros procesos pictóricos, cuando esta reproducción sea sin fines comerciales, de las estatuas, monumentos y otras obras de arte protegidas por derechos de autor, adquiridos por el poder público, expuestos en las calles, los jardines y los museos.
COM:FOP Dominica
Dominikai Közösség
. The only reference in the 2003 Copyright Act appears to be
- The following acts shall be permitted ... for the purpose of reporting current events, the reproduction and the broadcasting or other communication to the public of short excerpts of a work seen or heard in the course of such events, to the extent justified by the purpose.[2003 Section 69(b)]
COM:FOP Dominican Republic
Dominikai Köztársaság
Nincs adat
COM:FOP Ecuador
Ecuador
See Andean Community:Freedom of panorama.
The Organic Code of Social Economy of Knowledge, Creativity and Innovation (2016) provides a restrictive freedom of panorama that does not allow commercial uses of images of copyrighted works permanently found in public spaces:
- The reproduction, adaptation, distribution or public communication for scientific or educational purposes and to guarantee access to people with disabilities of architectural, photographic, fine arts, applied art or other similar works, which are permanently located in places open to the public, through photography, painting, drawing, filming or any other similar technique or procedure, provided that the name of the author of the original work, if known, and the place where it is located are indicated.[2016 Art.212(7)]
The repealed Intellectual Property Law (1998, last-amended in 2014) provided a more lenient exception, under Article 83(f), permitting the use of works permanently located in public spaces as long as "the purpose is strictly the dissemination of art, science and culture." However, under the fourteenth provision of the "Disposiciones Transitorias" of the 2016 Organic Law, rules of the current copyright law are prevailing regarding uses, enjoyment, obligations, licenses, renewals, and extensions.
Decision 351 of the Andean Community of Nations provides for freedom of panorama: "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".[351/1993 Article 22(h)]
Nevertheless, the member states such as Ecuador have the leeway to restrict FoP rules. According to Cerda Silva (2012), "the Decision only set forth a minimum legal standard, allowing the standard to be heightened by domestic law. This is the case for moral rights recognized for authors, economic exclusive rights, term of protection, and exceptions and limitations to copyright."[1]
See also: Category:Ecuadorian FOP cases. COM:FOP Grenada
Grenada
. Under the Copyright Act (Cap. 67, Act No. 21 of 2011),
- Copyright is a property right which subsists in literary and artistic works.[21/2011 Section 5(1)] This includes works of architecture.[21/2011 Section 5(1)(g)]
- The inclusion of an artistic work in a work, broadcast or communication to the public shall not be considered an infringement if the artistic work (a) is permanently situated in a public place or in premises open to the public; or (b) is included in the work, broadcast or communication to the public by way only of background or as incidental to the essential matters represented.[21/2011 Section 19]
COM:FOP Guatemala
Guatemala
. Pictorial representations of public art and architecture are permitted for personal use only. Effectively disallows commercial uses, which Commons:Licensing requires.
Section 64 of Guatemala's copyright law as of 2006 says:
"With respect to already published works, is permitted, without the author's consent, besides what is set forth in article 32: [...]
d) The reproduction for personal use of a work of art permanently exhibited in public places or on the exterior façade of buildings, made by means of an art different from that used in the making of the original, provided that the name of the author, if known, the title of the work, if it has one, and the place it is located are indicated".[33-98/2006 Art.64(d)]
Original language (Spanish) text:
ARTÍCULO 64. Respecto de las obras ya divulgadas también es permitida, sin autorización del autor, además de lo dispuesto en el artículo 32: [...]
d) La reproducción para uso personal de una obra de arte expuesta en forma permanente en lugares públicos o en la fachada exterior de edificios, ejecutada por medio de un arte que sea distinto al empleado para la elaboración del original, siempre que se indique el nombre del autor, si se conociere, así como el título de la obra, si lo tiene, y el lugar donde se encuentra.
See the discussions here and here for more information.
COM:FOP Guyana
Guyana
for buildings, sculpture and applied art, not for paintings, drawings, engravings or photographs.
- The copyright of a sculpture or work of artistic craftsmanship other than a painting, drawing, engraving or photograph which is permanently situated in a public place, or in premises open to the public, is not infringed by the making of a painting, drawing, engraving or photograph of the work, or the inclusion of the work in a cinematograph film or in a television broadcast.[74/1956 Section 9(3)]
- The copyright in a work of architecture is not infringed by the making of a painting, drawing, engraving or photograph of the work, or the inclusion of the work in a cinematograph film or in a television broadcast.[74/1956 Section 9(4)]
- Without prejudice to the two last preceding subsections, the copyright in an artistic work is not infringed by the inclusion of the work in a cinematograph film or in a television broadcast, if its inclusion therein is only by way of background or is otherwise only incidental to the principal matters represented in the film or broadcast.[74/1956 Section 9(5)]
COM:FOP Haiti
Haiti
- - noncommercial only (but noncommercial licensing is not compatible to Commons:Licensing).
- if the work is not the main subject (in other words, de minimis).
According to Article 15 on page 9 the Décret du 12 Octobre 2005 sur les Droits d'Auteur, a reproduction of an architectural work of art, a fine arts work, a photographic work of art or an applied arts work that is situated in permanence in a location open to the public is allowed, except if the work of art is the primary subject of said reproduction and said reproduction is used for commercial purposes.[2005 Article 15]
Nonobstant les dispositions de l'article 7, il est permis, sans l'autorisation de l'auteur et sans paiement d'une rémunération, de reproduire, de radiodiffuser ou de communiquer par câble au public une image d'une oeuvre d'architecture, d'une oeuvre des beaux-arts, d'une oeuvre photographique et d'une oeuvre des arts appliqués qui est située en permanence dans un endroit ouvert au public, sauf si l'image de l'oeuvre est le sujet principal d'une teIle reproduction, radiodiffusion ou communication si elle est utilisée à des fins commerciales.
— in: 2005 Article 15
Notwithstanding the dispositions of article 7, it is permitted, without the authorisation of the author and without payment of a remuneration, to reproduce, broadcast over radio or communicate via cable to the public an image of an work of architectural art, a work of fine arts, a work of photographic art or a work of applied arts if it is situated in permanence in a location open to the public, except if the work of art is the primary subject of said image, radiodiffusion or communication if it is used for commercial purposes.
— Translation of Article 15
The "Article 7" being referenced is simply a list of a copyright holder's exclusive rights. It says that "With the exception of the dispositions of articles 8 to 19, the author of a work of art has the exclusive right to perform or authorize the following acts (...)".
COM:FOP Honduras
Honduras
– Personal use only, in media different from the original.
The 2006 revision of the Law on Copyright and Related Rights, article 52, states:
- It is lawful, for personal use, to reproduce a work of art permanently exhibited in the streets, squares or other public places, by means of an art different from that used for making the original. With respect to buildings, this is limited to the exterior façade.[16-2006 Article 52]
COM:FOP Jamaica
Jamaica
Nincs adat
COM:FOP Canada
Kanada
Nincs adat
COM:FOP Colombia
Kolumbia
for public art found permanently in public outdoors and exterior architecture = {{FoP-Colombia}}; for interior architecture as well as public art found in public indoors.
- It shall be permissible to reproduce, by painting, drawing, photography or cinematography, works that are permanently located on public highways, streets or squares, and to distribute such reproductions or works and communicate them to the public. With regard to works of architecture, this provision shall be applicable solely to outward views.[23/1982–2018 Art 39]
- Notable cases
- Case 044-IP-2013 - 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 Cuba
Kuba
Nincs adat
COM:FOP Mexico
Mexikó
{{FoP-Mexico}}
Mexico's federal copyright law, Article 148, allows reproduction without compensation in certain circumstances:
- Literary and artistic works that have already been disclosed may only be used in the following cases without the consent of the owner of the economic rights and without remuneration, provided that the normal exploitation of the work is not adversely affected thereby and provided also that the source is invariably mentioned and that no alteration is made to the work:"[1996-2018 Art.148]
- Reproduction, communication and distribution by means of drawings, paintings, photographs and audiovisual processes of works that are visible from public places (lugares publicos).[1996-2018 Art.148(VII)]
The term lugares publicos has been interpreted to include both interior and exterior public places. Government-owned places such as libraries, markets, parks and public gardens have no restrictions against freedom of panorama. However, due to the ambiguity of the article, on some occasions, some establishments like the Mexico City Metro (a government-owned system) have required users to request permission to film or photograph inside the facilities. The Federal Law of Telecom and Broadcasting also uses the term "public places". It defines public places as: "...those that are in the charge of dependencies of federal, state or municipal entities, or under public programs of any one of the three orders of government..." Public places under this law (page 7) would include:
- Schools, Universities, and every kind of building used for education;
- Clinics, Hospitals, and every kind of building used for health care;
- Government offices of all types;
- Community Centers;
- Free admission and open places such as parks, green areas and sports centers
- Places that collaborate in public federal programs.
COM:FOP Nicaragua
Nicaragua
{{NoFoP-Nicaragua}} As per Nicaragua Law No. 577 on Amendments and Additions to Law No. 312 on Copyright and Related Rights, "Works located permanently in parks, streets, squares or other thoroughfares may be reproduced, without the author’s authorization, by means of painting, sketching, photographs and audiovisual recordings for personal use. In respect of works of architecture, the previous article shall only apply to their external aspect.[77/2006 Article 43]
This article had previously read, "Works permanently located in parks, streets, squares or other public roads can be reproduced, without the author's authorization, by means of painting, drawing, photography and audiovisual recordings. As for architectural works, the previous article will only apply to its external appearance.[312/1999 Article 43]
COM:FOP Panama
Panama
; in regard to buildings, for the outer façade only. {{FoP-Panama}}
Under the Law No. 64 of October 10, 2012, reproduction, broadcasting or public transmission by cable of the image of an architectural work, of a work of the fine arts, of a photographic work or of a work of applied arts that is located permanently in a place open to the public is allowed. With buildings, this is limited to the exterior façade.[64/2012 Article 69(3)]
COM:FOP Paraguay
Paraguay
{{FoP-Paraguay}} The following is permitted without authorization by the author or payment of remuneration in relation to works already disclosed:
- Reproduction of a work of art on permanent display in streets, squares or other public places, or on the outer walls of buildings, where the artistic medium used is different from that used for the making of the original, provided that the name of the author and the title of the work, if known, and the place in which it is located are mentioned.[1328/1998 Article 39.4]
- Where the work is used as a sign, emblem or distinctive mark of a political party or non-profit-making civil association or entity.[1328/1998 Article 39.7]
"Reproductions admitted in this article will be permitted only if they do not cross the normal exploitation of the work or cause an unjustifiable damage to the legitimate interests of the author".[1328/1998 Article 39]
COM:FOP Peru
Peru
Based on the 1996 law,
- The following shall be permitted without the author’s consent: ... the reproduction of a work of art on permanent display in a street, square or other public place, or that of the outer façade of a building, where it is done in an art form different from that used for the making of the original, provided that the name of the author, if known, the title of the work, if any, and the place in which it is located are specified.[822/1996 Art.43(e)]
- In all the cases specified in this Article, any use of works that competes with the author's exclusive right to exploit their work shall be equivalent to unlawful use.[822/1996 Art.43 (endnote)] Outside the copyright law, is illegal use to take economic advantage for others or not to attribute the author of the work.[29263/2003 Art.1(218)]
Notes:
- Resolutions No 0372-2006-TPI-INDECOPI and 0760-2010-TPI-INDECOPI (El Comercio v APSAV) specifies the situations in which the work may be legitimately reproduced for acts of exhibition. A "public place" (like MVCS: "bien de dominio público", with exceptions for "dominio privado estatal", see Works by the Peruvian Government)[29151/1991, updated in D.S. 008-2021-VIVIENDA Art. 3.3.2][2] is an internal or external location that is permanently available to the public including museums. The freedom of panorama applies even to artistic works: the "permanent" status is not lost to works that have been relocated from one public place to another public place or that are in the process of temporary closure for maintenance. The places declared as cultural heritage, even if they were abandoned or never discovered, are property of the Peruvian State and match the definitions previously mentioned.[28296/2008 Title I, Art. 2, 5 and 11]
- Previously, the 1961 law allowed the freedom of panorama for artistic and architectural works, regardless of their legal validity, in public places. There is no mention if the work must be "permanently accessible".[13714/1961 Art. 72 and 74] During the government of Alberto Fujimori, the concept of "public spaces" expands in heavy attended interiors from public institutions, free areas in private institutions and mass transport.[25357/1991 Art.2] In the case of museums, the audiovisual reproduction in newspapers, television channels and movies of works acquired inside the place is also allowed. But, should be noted that these reproductions are "copies of a work" with name of its author, for the copyrighted work itself cannot be used for trade.[13714/1961 Art. 73]
- Copyright protection of architectural works expire 70 p.m.a of their original designer. However, for clarification, if the architectural work was inaugurated before 1960 and never attributed by any author, this lacks coverage by recent copyright laws to protect it because limitations from 1849 law that buildings are not designate as works of art.[13714/1961 Art. 7(ll) and 153] The freedom of panorama is applied in Art. 37 and 38 of the Intellectual Property Code of the Peruvian Association of Architects with condition that "the works are open to the public", even indoors unless strictly reserved by their author.[3]
COM:FOP Saint Kitts and Nevis
Saint Kitts és Nevis
Nincs adat
COM:FOP Saint Lucia
Saint Lucia
. For 2D copies of 3D works. According to the Copyright Act 1995 (Act No. 10 of 1995),
- This section applies to (a) buildings; (b) sculptures, models of buildings and works of artistic craftsmanship, if permanently situated in a public place or in premises open to the public.[10/1995 Section 81(1)]
- The copyright in such a work is not infringed by (a) making a graphic work representing it; (b) making a photograph or film of it; or (c) broadcasting or including in a cable programme service a visual image of it.[10/1995 Section 81(2)]
- The copyright in such a work is not infringed by the issue to the public of copies, or the broadcasting or inclusion in a cable programme service, of anything whose making was, by virtue of this section, not an infringement of copyright.[10/1995 Section 81(3)]
COM:FOP Saint Vincent and the Grenadines
Saint Vincent és a Grenadine-szigetek
Nincs adat
COM:FOP El Salvador
Salvador
for exterior architecture and most types of public art. {{FoP-El Salvador}}
- "The following shall be allowed without the consent of the author or remuneration: . . . the reproduction of a work of art on permanent display in a street, square or other public place in an artistic medium different from that used for the making of the original; with regard to buildings, this right shall be limited to the exterior façade".[2017 Article 45 (f)]
Spanish text:
Respecto de las obras ya divulgadas lícitamente, es permitida sin autorización del autor ni remuneración: . . . La reproducción de una obra de arte expuesta permanentemente en las calles, plazas u otros lugares públicos, por medio de un arte diverso al empleado para la elaboración del original. Respecto de los edificios, dicha facultad se limita a la fachada exterior.
COM:FOP Suriname
Suriname
for works under 6° of Article 10. for others like maps, photographs, or designs related to sciences like architecture or geography. Under the Law of 1913, as amended up to the act of 17 April 2015,
- There is no infringement of copyright in reproduction of a work, as referred to in Article 10, 6°, that is permanently displayed or visible from a public road if the reproduction by its size or by the method in which it is made is clearly different from the original work. With buildings, this is limited to the exterior.[23/1981 Article 18]
Works listed under 6° of Article 10: drawings, paintings, architecture, sculptures, lithographs, engravings, and other sheet metal works.
COM:FOP Trinidad and Tobago
Trinidad és Tobago
Nincs adat
COM:FOP Uruguay
Uruguay
{{FoP-Uruguay}} Reproduction is not unlawful: ... The photographic reproduction of paintings, monuments, or allegorical figures exhibited in museums, parks or public promenades, provided that the works in question are considered to be outside the private domain.[18.046/2019 Article 45.8]
Uruguayan freedom of panorama is applicable to images of copyrighted architecture, monuments, and public art found in public spaces as well as within museums, provided that the said works are dedicated for public view and not confined to a particular private owner ("dominio privado").
See also Commons talk:Freedom of panorama/Archive 7#Statues images for the discussion on the Uruguayan FoP.
See also: Category:Uruguayan FOP cases. COM:FOP Venezuela
Venezuela
Nincs adat
Egyéb területek
COM:FOP United States Virgin Islands
Amerikai Virgin-szigetek
Nincs adat
COM:FOP Anguilla
Anguilla
Nincs adat
COM:FOP Aruba
Aruba
There is no infringement of copyright in copies of a work that is permanently displayed in public where the size of the copy and the way in which it is made are clearly different from the original work, and in the case of buildings is limited to the exterior.[2003 Article 18]
COM:FOP Bermuda
Bermuda
for 2D copies of 3D works. Under section 86 of the Copyright and Designs Act 2004,
- This section applies to (a) buildings; and (b) sculptures, models for buildings and works of artistic craftsmanship, if permanently situated in a public place or in premises open to the public.[2004 Sec.86(1)]
- The copyright in such a work is not infringed by (a) making a graphic work representing it; (b) making a photograph or film of it; or (c) broadcasting or including in a cable programme service a visual image of it.[2004 Sec.86(2)]
- Nor is the copyright infringed by the issue to the public of copies, or the broadcasting or inclusion in a cable programme service, of anything whose making was, by virtue of this section, not an infringement of the copyright.[2004 Sec.86(3)]
COM:FOP British Virgin Islands
Brit Virgin-szigetek
Nincs adat
COM:FOP Curaçao
Curaçao
Nincs adat
COM:FOP South Georgia and the South Sandwich Islands
Déli-Georgia és Déli-Sandwich-szigetek
Nincs adat
COM:FOP Dutch Caribbean
Dutch Caribbean
Nincs adat
COM:FOP Falkland Islands
Falkland-szigetek
Nincs adat
COM:FOP French Guiana
Francia Guyana
Nincs adat
COM:FOP Greenland
Grönland
Nincs adat
COM:FOP Guadeloupe
Guadeloupe
Nincs adat
COM:FOP Cayman Islands
Kajmán-szigetek
Nincs adat
COM:FOP Martinique
Martinique
Nincs adat
COM:FOP Montserrat
Montserrat
for architecture, sculptures, and works of artistic craftsmanship. for other types of artistic works. The Copyright Act 1956 contains freedom of panorama provisions at Section 9, subsections 3–6, with similar rules as those of the United Kingdom freedom of panorama.
COM:FOP Puerto Rico
Puerto Rico
Nincs adat
COM:FOP Saint Barthélemy
Saint-Barthélemy
Nincs adat
COM:FOP Saint-Martin (France)
Saint-Martin
Nincs adat
COM:FOP Saint-Pierre and Miquelon
Saint-Pierre és Miquelon
Nincs adat
COM:FOP Sint Maarten
Sint Maarten
for buildings and most 2D and 3D artwork
for photographs, maps, applied art, industrial design, and models
Under the Author's Regulation of 1913 as amended 2006,
- Reproduction or publication of pictures made in order to be put on permanent display in public places, of a work such as is normally found in such places, or of a work relating to architecture, will not be regarded as an infringement of the copyright of the author.[1913–2006 Art.18]
COM:FOP Turks and Caicos Islands
Turks- és Caicos-szigetek
Nincs adat
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