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

Sat Feb 7 19:00:18 UTC 2015

Hi all,
Dimi - thanks for pointing this. I also think (as Jan pointed above) -that
the major part of the problem stems from the different national regimes in
copyrights (and in FoP in particular). Thus, many conflicting decisions
could apply on the same issue in different EU countries. And yes, an action
that is legal in UK could be illegal in France (in copyright terms)
regarding the same copyrighted work: another chance (provided by a FoP
issue) to point the inconsistent copyright laws in Europe,
Plamena

2015-02-02 16:42 GMT+02:00 Dimitar Parvanov Dimitrov <
dimitar.parvanov.dimitrov at gmail.com>:

> 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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