In the age of dynamic internet development and the potential for digital spatial representation, fair use of landscapes is crucial. Numerous buildings and sculptures located in publicly accessible locations are often protected by copyright as artistic or architectural works. Consequently, if the law did not provide any exceptions, such works could not be depicted in films, computer games, or on postcards. Such a prohibition would certainly be quite impractical and would not bring significant benefits to copyright holders. Therefore, in Article 33 of the Copyright and Related Rights Act, the legislature provided an exception to the protection granted to works under this Act, often referred to as "fair use of landscapes." This provision allows for the distribution of works displayed "permanently on publicly accessible roads, streets, squares, or gardens, but not for the same use.".
The cultural and entertainment industries in particular benefit from this exception. Streets are often depicted by artists, painters, and filmmakers. It's also worth noting the growing information technology industry, including computer games. Numerous games digitally replicate real buildings, streets, and even entire cities. Creators of such works may find it very tempting to depict building interiors and transfer their productions there. However, it's important to remember that this provision applies only to "publicly accessible" locations, meaning building interiors or, for example, private open spaces cannot be distributed without the permission of the rightholder. Certain concerns may also arise when a building is located near a public road but is obscured by a wall or hedge. It's also important to remember that works must be permanently displayed. This means that a given exhibition may be temporary or may be held in various locations throughout the city.
It's also important to remember that certain restrictions on permitted landscape use may also arise from other acts or branches of law. Such restrictions may be related to industrial property law, national defense, or the protection of historical monuments, for example.
To sum up, creators of culture can freely use works exhibited publicly, but they must take into account the limitations resulting from the provision granting this right, such as the requirement of permanence and public accessibility, as well as other acts, where particular attention must certainly be paid to the protection of historical, sacred or military buildings.
This alert is for informational purposes only and does not constitute legal advice.
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