The unification of the freedom of panorama rejected
The « freedom of panorama » is an exception to copyright which allows anyone to publish pictures or videos of buildings or works of art that are in the public space without having to ask for the author’s authorization.
An amended version of the REDA report on the copyright reform was adopted on July 9, 2015 by the European Parliament. However, the initial proposal of the report to apply the « freedom of panorama » to all Member States of the European was not adopted.
Julia REDA, the member of Parliament of the Pirate Party, had presented early this year, on 20 January 2015 a report on the harmonization of copyright and related rights in the EU. She considers that we would « need a European integration on copyright and related rights, not only based on yesterday’s models » i.e. those of the 20th century, for an essential reason : Internet has no borders. Her report included proposals to make copyright exceptions that are already provided for in the EU Directive 2001/29/CE of 21 May 2001 mandatory in all EU Member States, and to widen or introduce new copyright exceptions. Among the exceptions to copyright, the « freedom of panorama » was particularly subject to heated debate.
In some EU Member States such as France, publications of images or videos require an authorization of the architect or of the right holder on the work in the public space, whereas in other Member States the freedom of panorama enables to publish without restriction pictures and movies representing public spaces.
The EU Parliament rejected Julia REDA’s proposal and finally decided to maintain the possibility for EU Member States to choose wether to introduce or not a freedom of panorama in their national legislation.
The report adopted by the EU Parliament will be used as a working base for the European Commission who should present a reform proposal on copyright by the end of 2015.
This EU reform on copyright will not have an impact on the absence of a « freedom of panorama » under French law.
However, the Secretary of State for the digital sector, Axelle Lemaire, had announced on March 18, 2015 that she intended to introduce in the proposed legislation on digital a « right of panorama » which would expressly allow the reproduction of works visible in public spaces.
The question of the creation of a « right of panorama » will therefore probably be debated again in France.
To be continued…