[Advocacy Advisors] Freedom of Panorama case law - which law applies?

Mon Feb 2 14:42:10 UTC 2015

Hi all,

I came across n interesting piece of text in a German mainstream newspaper
that ran an article on Freedom of Panorama. [1] or [2]

According to the text, there has been court action against pictures of the
Hunderwasserhaus located in Vienna. [3]

Theoretically, both countries enjoy full FoP. [4] The German law, however,
has one restriction: pictures need to be taken from a public ground. With
other words, not only the building must be located on a public street or
square, but also the photographer (effectively making pictures made with a
drone in Germany a noFOP). According to the Austrian law, there is no such
restriction.

What happened is, that somebody took a picture from the building across the
street. The image is perfectly legal in Ausstria, but the rightsholders of
the Hunderwasserhaus in Vienna managed to get German courts to order a stop
of distribution in Germanny.

Questions arising are:

   - Are there other countries where a "on the ground" specification exists?
   - Can I request the take down of a picture of the Millenium Bridge in
   London in France?
   - How can we best coin this knew piece of information to best suit our
   advocacy efforts?

Cheers,
Dimi

[1]
http://www.berliner-zeitung.de/recht/urheberrecht-warum-fotos-vom-eiffelturm-teuer-werden-koennen,21116446,29726088,item,1.html
[2]
http://www.rundschau-online.de/recht/urheberrecht-warum-fotos-vom-eiffelturm-teuer-werden-koennen,21117814,29726088.html
[3]https://en.wikipedia.org/wiki/Hundertwasserhaus
[4]https://commons.wikimedia.org/wiki/Commons:Freedom_of_panorama#Malta
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