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

Mon Feb 2 14:46:01 UTC 2015

My belief on (2) is yes

(Can I request the take down of a picture of the Millenium Bridge in
   London in France?)

That is essentially what happened to WP over the Claes Oldenburg images 
-- pictures (some of them) taken in the UK, removed in the U.S.


   -- James.


On 02/02/2015 14:42, Dimitar Parvanov Dimitrov wrote:
> 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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