In today's post, we'll explore what we colloquially call "panoramic law." What is this law? What does it allow us to see, and what does it prohibit? How are these issues regulated in different countries?

Panorama rights are an exception, described in Article 33 of the Copyright and Related Rights Act, which allows the use of works placed in public spaces without the consent of their creators or owners. At the EU level, this issue is addressed in Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, where Article 5(3)(h) states that Member States may provide for exceptions in their national regulations for the use of works, such as architectural works or sculptures, created for permanent placement in public places .

If there were no such exception, we would not be able to, for example, take photos in front of architectural objects, sculptures or murals, or we would have to ask the copyright holders of a specific object for permission to take such a photo each time.

Various European countries have approached this issue differently. Some, including Poland and Germany, whose Panoramafreiheit regulations have become a model for many other countries, allow for the broad use of publicly and permanently exhibited works. Other countries, such as Iceland and Slovenia, permit the use of works for non-commercial purposes. Until recently, the ban on commercial photography of the Brussels Atomium was highly publicized, as until 2016, Belgium did not have panorama rights. This ban was symbolized by a black mark on the image on Wikipedia. This ban has now been lifted.

Importantly, usually the prohibitions apply only to the use of works (taking photos of city panoramas, architectural objects, etc.) solely for commercial purposes, so we can still take a photo of the Eiffel Tower at night, as long as we keep it in a family album.

However, when going on holiday, especially if we want to publish our photos, e.g. on Instagram, it is worth getting to know the local laws and customs in this area, as ignorance of them can lead to unnecessary problems.

This alert is for informational purposes only and does not constitute legal advice.

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