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Commons:Freedom of panorama/Oceania

Countries of OceaniaEdit

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COM:FOP Australia

Australia

  •  OK for sculpture "that is situated, otherwise than temporarily, in a public place, or in premises open to the public": {{FoP-Australia}}
  •  OK for buildings and models of buildings: {{FoP-Australia}}
  •  OK for "works of artistic craftsmanship" such as ceramics, embroidery, metal smithing, woodworking, crafted glass, and jewellery "that is situated, otherwise than temporarily, in a public place, or in premises open to the public": {{FoP-Australia}}. Works of artistic craftsmanship are more formally defined as “a painting, sculpture, drawing, engraving or photograph, whether the work is of artistic quality or not” (see paragraph (c) of the definition of artistic craftmanship work in section 10 of the Australian Copyright Act 1968)
  •   Not OK for: paintings, drawings, engravings or photographs.[1]

Freedom of Panorama is dealt with in the Australian Copyright Act, sections 65–68, and is based on the laws of the United Kingdom. See COM:CRT/United Kingdom:Freedom of panorama for more details. Jane FitzGerald of the Australian Copyright Council wrote an essay in September 1997 on “Work of artistic craftsmanship” under Australian law, which may be relevant, although it pre-dates the 2017 version of the Act.[2]

No information available

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COM:FOP Fiji

Fiji

 OK for buildings, sculptures and works of artistic craftsmanship. Under the Copyright Act, 1999,

  • This section applies to (a) buildings; and (b) works (being sculptures, models for buildings, or works of artistic craftsmanship) that are permanently situated in a public place or in premises open to the public.[1999 Section 67(1)]
  • Copyright in a work to which this section applies is not infringed by (a) copying the work by making a graphic work representing it; (b) copying the work by making a photograph or audiovisual work of it; or (c) broadcasting, or including in a cable programme, a visual image of the work.[1999 Section 67(2)]
  • Copyright is not infringed by the issue to the public of copies, or the broadcasting or communication to the public or inclusion in a cable programme, of anything the making of which was, under this section, not an infringement of copyright.[1999 Section 67(3)]
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COM:FOP Kiribati

Kiribati

 OK: Under the Copyright Act 1956 of England,

  • The copyright in a work 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 cinematography film or in a television broadcast.[1956 Sec.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 cinematography film or in a television broadcast.[1956 Sec.9(4)]

No information available

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COM:FOP Nauru

Nauru

 OK: Under the Copyright Act 1956 of England,

  • The copyright in a work 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 cinematography film or in a television broadcast.[1956 Sec.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 cinematography film or in a television broadcast.[1956 Sec.9(4)]
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COM:FOP New Zealand

New Zealand

 OK for 3D works {{FoP-New Zealand}}
 OK for 2D "works of artistic craftsmanship" {{FoP-New Zealand}}
  Not OK for 2D "graphic works"

Under the Copyright Act 1994 as of December 2018, Section 73,

  • This section applies to the following works: (a) buildings (b) works (being sculptures, models for buildings, or works of artistic craftsmanship) that are permanently situated in a public place or in premises open to the public.[1994-2018 Sec.73(1)]
  • Copyright in a work to which this section applies is not infringed by (a) copying the work by making a graphic work representing it; or (b) copying the work by making a photograph or film of it; or (c) communicating to the public a visual image of the work.[1994-2018 Sec.73(21)]
  • Copyright is not infringed by the issue to the public of copies, or the communication to the public, of anything the making of which was, under this section, not an infringement of copyright.[1994-2018 Sec.73(3)]

Copyright legislation in New Zealand also follows that of the United Kingdom. In the absence of any specific case law to the contrary it is reasonable to assume that the rules will be identical. See Commons:Copyright rules by territory/United Kingdom for more details.

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COM:FOP Palau

Palau

No information available

  Not OK. According to the Copyright and Neighbouring Rights Act 2000, freedom of panorama only covers uses for personal, educational (teaching), archival, and news reporting purposes.[2000 Sec.8–13]

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COM:FOP Samoa

Samoa

  Not OK. Only incidental copying is allowed. According to the Copyright Act 1998 (as consolidated in 2011),

  • The copyright in a work is not infringed by its incidental inclusion in an artistic work, a sound recording, an audio-visual work or a broadcast or by the publication, playing, performance or other use of the work.[1998–2011 Sec.8c]

 OK: If a sculpture or work of artistic craftsmanship is permanently situated in a public place or in premises open to the public, copyright is not infringed by a painting, drawing, engraving or photograph of the work.[138/1987–1996 Art 7(7)]

The copyright in a work of architecture is not infringed by the making of a painting, drawing, engraving or photograph of the work.[138/1987–1996 Art 7(8)]

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COM:FOP Tonga

Tonga

No information available

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COM:FOP Tuvalu

Tuvalu

 OK: Under the Copyright Act 1956 of England,

  • The copyright in a work 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 cinematography film or in a television broadcast.[1956 Sec.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 cinematography film or in a television broadcast.[1956 Sec.9(4)]
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COM:FOP Vanuatu

Vanuatu

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Other areasEdit

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COM:FOP Cook Islands

Cook Islands

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COM:FOP Guam

Guam

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COM:FOP Hawaii

Hawaii

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COM:FOP New Caledonia

New Caledonia

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COM:FOP Niue

Niue

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PartlyEdit

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Some citation text may not have been transcluded

  1. Information Sheet G011v15 - Photographers & Copyright. Australian Copyright Council (February 2012).
  2. Jane FitzGerald. [What is a “work of artistic craftsmanship”?. Craft Victoria.