Pilipinas Panorama Community/Freedom of Panorama

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The Pilipinas Panorama Community (PPC) is a thematic Wikimedia organization based in Metro Manila, Philippines.

The community was founded by Filipino Wikimedians advocating equity, cultural heritage, history, language & ethnicity, art, freedom of panorama, and Wikimedia's Movement Strategy, contributing to expand the global availability of free knowledge.

Freedom Of Panorama (FOP) in the Philippines

Majority contributions from User:JWilz12345.
Hashtags

Facebook: #FreedomofPanoramaPH; Twitter: #FreedomofPanoramaPH

Facebook: #FoPinPH; Twitter: #FoPinPH

Definitions of "Freedom of Panorama" (FOP)


  • According to Dulong de Rosnay and Langlais (2017) – "the legal right in some countries to publish pictures of artworks, sculptures, paintings, buildings or monuments that are in public spaces, even when they are still under copyright."[1]
  • As per IPOPHL's Atty. Chuck Valerio as quoted by Reyes (2021) – "an exception under copyright laws, similar to fair use, that dispenses with the need to secure prior permission from a copyright owner for the use of a work."[2]

In other words, freedom of panorama is a little-known yet important legal right for photographers, netizens, and content creators to freely take pictures of public works of art and architecture found in or seen in public spaces, usually installed on either a permanent basis (e.g. Swiss freedom of panorama) or long-term basis (e.g. Taiwanese freedom of panorama).

For example, an indie film producer shoots a famous public building in a Metro Manila city made by a famous architect and National Artist, producing assorted photographs with that building both as the main subject and as the background or incidental element. He then uses these photos on his film, which got the attention of Netflix that then purchases the right to stream his film in their famous streaming platform. Without freedom of panorama he still needed commercial license authorization from the architect (or his heirs if he is already deceased for less than 50 years), but with this exception such prior permission is no longer necessary. The same principle of freedom of panorama applies to shooting of works of monuments still under their sculptors' copyrights.


Benefits of Freedom of Panorama

  • Photographers can host their photos of works of architecture and monuments on Wikimedia Commons, Flickr, Unsplash, Pexels, Pixabay, and Getty Images under licenses they desire. For Wikimedia Commons, this is elaborated later in this advocacy page.
  • Images of the same works can be used in tourism souvenir items like T-shirt prints, calendar designs, post cards, coffee mug designs, and many more. This boosts the tourism industry of a country.
  • State-owned philatelic agencies, such as the Philippine Postal Corporation (PhilPost) in the Philippines, can freely use the same works in their commemorative stamps.
  • Content creators can use their photos of the same works in their YouTube or Facebook vlogs, even for commercial or semi-commercial purposes. Donation drives by vloggers are semi-profitary in nature as these involve collecting some amount.
  • Developers or web admins of travel portals and blogs can freely use photos of the same works in their websites.
  • Painters are free to create paintings that depict cityscape or townscape as their subjects, and liberally include the same works in their paintings that they can sell for their livelihood.
  • Netizens can freely share vacation photos of the same works in social media (Twitter, Instagram et cetera) and in Flickr, under Creative Commons licenses.
  • Book publishers can freely use the same works in the covers of the books they published, such as novels or short stories that they will sell to millions.
  • Advertising companies can legally use the same works in their ads (TV commercials, tarpaulins, etc..) as significant element (e.g. background) of their advertising works.
  • Teleserye and film making production companies (like Regal, Viva, Dreamscape, ABS-CBN, GMA, et cetera) can legally depict the same works in their audio-visual outputs.
  • For architects: Freedom of panorama is important for building up discourse on architecture, in print, in audio-visual media, and in online media. As per Archify: "But most importantly for architects, we live in a world where images of our built environment - shared freely between people via the internet - are increasingly important in constructing a discourse around that built environment. We live in a world that requires freedom of panorama in order for architects to make the world a better place. And architects should be pretty upset about how many restrictions have been placed, and continue to be placed, on that freedom."[3]

Wikimedia Commons

Wikimedia Commons (or "Commons"), a sister site of Wikipedia and hosted by Wikimedia Foundation, only accepts freely-licensed media files as per its "Commons:Licensing" policy page, such as files under Creative Commons Attribution and/or Creative Commons Attribution-Share Alike. It not accept fair use content as well as media licensed for non-commercial use only (like BY-NC-SA).[4] Therefore, the media repository treats freedom of panorama with utmost importance, with a dedicated policy page on it.[5] Through freedom of panorama photos of works of architecture and monuments can be hosted on Commons under free licenses. Therefore, helping facilitating knowledge on architecture, public art, and heritage throughout Wikimedia umbrella.

Images on Wikimedia Commons can be freely used in all websites under Wikimedia umbrella. While English Wikipedia has accepted original resolutions of photos of unfree architecture from no-FOP countries (following only U.S. copyright law),[6] local files there cannot be used in other language editions of Wikipedia (like Tagalog Wikipedia) as well as other sister sites like Wikivoyage and Wikinews. In addition, since the U.S. freedom of panorama is for architecture only, photos of copyrighted public art like monuments cannot be freely hosted on English Wikipedia unless applicable fair use tags are used, and such photos cannot be used on list articles. It is noteworthy that the article "List of public art in Metro Manila" is lacking any illustration for contemporary monuments still under sculptors' copyright.

Courtesy of freedom of panorama, the annual Wiki Loves Monuments (WLM) photo competition can be conducted with broader scope, to include modern and contemporary monuments and architecture, not just limited to old or public domain monuments and architecture. Thus complete documentation of the country's heritage structures becomes possible.

The Philippines

According to Atty. Valerio, the current version of the Philippines copyright law (Republic Act No. 8293), as it stands, does not have this important exception,[2] reinforcing the Wikimedia Commons interpretation that the Philippines does not have freedom of panorama in the list of copyright exceptions (Article 184).[7]

One possible option for the general public using photos of copyrighted structures in public space is Section 185, "Fair Use of a Copyrighted Work". However, according to Macahiya (2012), "the Court ruled that a non-commercial use is not fair use when it has substantial market effect."[8] So even if a photo is to be used non-commercially, if it was disseminated or shared on a platform where people can freely view it (e.g. Instagram and TikTok), possibly this is no longer falling under fair use. This is more so in sharing of photos of copyrighted public landmarks of the Philippines on Commons, since the photos are already licensed in such a way free culture uses are mandated and that the structures gained very wide viewing access through the Commons site, more so, the English Wikipedia site once the photos are inserted in Philippines-related articles.

No-FOP impact for Pinoy Wikimedians

The lack of complete freedom of panorama in the Philippines deprives Pilipino Wikimedians' ability to record assorted contemporary public buildings and monuments through freely-licensed photos hosted on Wikimedia Commons. As said before Commons only accepts freely-licensed content. It cannot accept photos of public works and art from countries that lack adequate freedom of panorama. Photos of such works caught by license reviewers and administrators on Commons are immediately tagged for deletion through "Deletion requests" discussions.

In Wikimedia jargon "deletion" does not result to permanent removal of content; rather it only redacts the content and makes it invisible to non-administrators. Therefore, deleted content can be "undeleted" or "restored" if there is a valid reason to do so, like the introduction of freedom of panorama in a no-FOP country.

The first Philippine FOP deletion request (2007) involved a photo of the 11th World Scout Jamboree Memorial roundabout,[9] authored by sculptor Florante Beltran Caedo. Since then Commons photos of many other public structures have been redacted, including:

  • "The Angry Christ" mural, Victorias[10]
  • Bangko Sentral ng Pilipinas[11]
  • Crown Regency Hotel, Cebu City[12]
  • Divine Mercy Shrine, El Salvador, Misamis Oriental[13]
  • Eagle of the North[14]
  • EDSA Shrine[15]
  • "The Execution of Dr. Jose P. Rizal", Rizal Park[16]
  • G.T. International Tower[17]
  • Iloilo International Airport[18]
  • Kartilya ng Katipunan and Bonifacio Monument[19]
  • Lion's Head[20]
  • LRT Line 1 (Metro Manila) stations, including the United Nations station[21]
  • MacArthur's Landing (Leyte Landing Memorial)[22]
  • Malacañan Palace[23]
  • New Clark City Athletics Stadium[24]
  • Oblation of University of the Philippines[25]
  • People Power Monument[26]
  • Philippine Arena[27]
  • Philippine International Convention Center[28]
  • Quezon Memorial Shrine[29]
  • SM Mall of Asia[30]
  • Sultan Haji Hassanal Bolkhia Mosque[31]
  • TriNoma[32]
  • A certain public art in Naga, Camarines Sur, involved in a hotly-debated deletion request.[33]
  • Certain murals in Makati.[34]

More Philippine FOP deletions at Commons can be found at this Commons category.

Deletions have also been made at English Wikipedia itself too. As said before, public art is not allowed if not tagged as fair use. Non-fair use photos have been deleted since at least 2009. Among these are photos showing Peter Tiamzon de Guzman's Memorare – Manila 1945 Monument[35] and Eduardo Castrillo's People Power Monument.[36] Additionally, one People Power Monument photo was speedily deleted under a vague reasoning: "Derivative work lacking adequate licensing information regarding its components," possibly derivative work of a copyrighted sculpture without license from Castrillo's heirs (had the Philippines had freedom of panorama, this issue would not surface in the first place, and image file could have been transferred to Wikimedia Commons so that other wiki sites under Wikimedia umbrella could use this image too). See also: this page.

Some old discussions concerning Philippine freedom of panorama

On English Wikipedia

Recent developments

18th Congress
Rep. Rufus Rodriguez gives his comment on the proposal of inclusion of Freedom of Panorama in Intellectual Property Code of the Philippines

On February 4, 2021, IPOPHL Director-General Rowel Barba proposed to the House of Representatives to include Freedom of Panorama in the amendments to the Intellectual Property Code of the Philippines. Then-Representative Wes Gatchalian (now city mayor of Valenzuela) filed House Bill 8620 where Freedom of Panorama to be placed under Section 184(m) of the IP Code. It was one of the three house bills aimed at modernizing the copyright law; the two others were House Bill 1597 by 1-Pacman party-list Rep. Michael Romero and House Bill 8062 by Rep. Christopher De Venecia and then-AAMBIS-Owa party-list Rep. Sharon Garin. Rep. Rufus Rodriguez expresses support for the freedom of panorama legal right. (Facebook Live video – 1:18:40 for the IPOPHL's mention of the legal right, 2:20:15 for Rodriguez's input)

On February 10, 2021 an online dialogue via Zoom was conducted between Intellectual Property Office of the Philippines–Bureau of Copyright and Related Rights (IPOPHL–BCRR) and some Filipino Wikimedians with Atty. Jacob Rogers of Wikimedia Foundation (Jrogers (WMF)), with freedom of panorama as the principal topic. House Bill No. 8620 was shown. However, IPOPHL–BCRR said that the current status ("no freedom of panorama") will still remain until the amendment has passed into law and the accompanying Implementing Rules and Regulations (IRR) refining the future Philippine freedom of panorama provision have been created. As copyright laws are statutory rights, according to IPOPHL–BCRR, provisions like the freedom of panorama must be defined or indicated in the copyright laws, and cannot be made into existence only by legal studies.

IPOPHL said on February 24, 2021 that the three copyright law amendment bills were being consolidated by a Technical Working Group of the Committee on Trade and Industry of the House of Representatives.[37]

19th Congress

This 19th Congress, there are six pending bills in the House of Representatives seeking to amend or modernize the copyright law. These are the following (with bolded house bill numerical designations denoting the house bill containing freedom of panorama provision):

House Bill numerical designation Author/s Status Notes
House Bill 799 Rep. Joey Salceda pending - since 2022-07-27 FOP provision found at page 79, assigned as Section 206(m).
House Bill 888 Rep. Michael Romero of 1-Pacman party-list pending - since 2022-07-27
House Bill 2672 Rep. Christopher de Venecia pending - since 2022-08-03 FOP provision found at the bill's Section 48.
House Bill 3633 Rep. Aniela Tolentino pending - since 2022-08-17
House Bill 3838 Rep. Lex Colada of AAMBIS-Owa party-list pending - since 2022-08-24 FOP provision found at page 85, assigned as Section 203(m).
House Bill 7028 Rep. Joey Salceda Substituted by House Bill 7600 since March 14, 2023
House Bill 7600
(committee report)
Various authors, including Rep. Joey Salceda "Approved by the House on 2023-05-22, transmitted to the Senate on 2023-05-24 and received by the Senate on 2023-05-24" Substitutes House Bill 7028.

All of the three bills containing the freedom of panorama provision bear the same wording as that of the now-obsolete House Bill 8620 of the previous 18th Congress. The FOP wording will be:

"The copyright in a work that is situated, otherwise than temporarily, in a public place, or in premises open to the public, is not infringed by the making of a painting, drawing, engraving, or photograph of the work, or by the inclusion of the work in a cinematograph film or in a television broadcast."

As of February 10, 2023, there are six pending copyright law amendment bills in the Senate, one of which has a freedom of panorama clause.

Senate Bill numerical designation Author/s Status Notes
Senate Bill 173 Sen. Francis Tolentino pending - since 8/1/2022 Similar to House Bill 3633, aiming to protect indigenous works of folklore and cultural expressions.
Senate Bill 891 Sen. Francis Tolentino pending - since 8/31/2022 Adding copyright enforcement to digital world.
Senate Bill 1734 Sen. Imee Marcos pending - since 1/30/2023 Proposed to extend copyright terms to align with international norms, most notably extending posthumous copyright to 70 years (from current 50 years) and applied art copyright to 50 years from making (from current 25 years).
Senate Bill 2150 Sen. Jinggoy Estrada pending - since 5/15/2023 Similar to both House Bills 7028 and 7600, in empowering Intellectual Property Office of the Philippines to restrict or block access to cyber platforms (like websites and apps) that host pirated or copyvio content, like pirated films, e-books, and software products.
Senate Bill 2326 Sen. Loren Legarda pending - since 8/2/2023 Similar to House Bills 799, 2672, and 3838, seeking for modernization of the IP Code. A freedom of panorama provision is provided, with same wording as those of the said House Bills, and is found at the Senate Bill's Section 83.
Senate Bill 2385 Sen. Ramon "Bong" Revilla, Jr. pending - since 8/7/2023 Similar to both House Bills 7028 and 7600, in empowering Intellectual Property Office of the Philippines to restrict or block access to cyber platforms (like websites and apps) that host pirated or copyvio content, like pirated films, e-books, and software products.

The House of Representatives' Committee on Trade and Industry conducted its initial deliberation on the six House Bills on February 14, 2023, Valentine's Day. (Facebook Live video) Related online articles: from The Philippine Star and from the Philippine News Agency.

IPOPHL published an article, entitled Updating IP Code for stronger protection of IP assets emphasized at 2nd Creative Industry Summit, on March 10, 2023 in relation to the initial deliberation last February 14. Important excerpt: "Indeed, we truly feel that the 19th Congress is taking this call to heart as our honorable lawmakers in the House of Representatives, particularly the Committee on Trade & Industry Chaired by Cong.  Marvey A. Mariño,  recently initiated the consolidation of all bills related to the IP Code amendments and approved House Bill (HB) 7028 sponsored by Cong.  Joey S. Salceda, giving IPOPHL the power to issue site blocking orders to be implemented by internet service providers," the IPOPHL chief added. The four separate bills filed to amend the IP Code and now being consolidated are HB 799 by Cong. Salceda, HB 888 by Cong. Michael L. Romero, HB 2672 by Cong. Christopher "Toff" V.P. De Venecia, HB 3838 by Cong. Lex Anthony Cris A. Colada.

On May 22, 2023, the House of Representatives approved House Bill 7600 (that substituted House Bill 7028) on third and final reading. It seeks "to strengthen the powers and functions of the Intellectual Property Office of the Philippines (IPOPHL), and amend the Intellectual Property Code (IP Code) to adapt to recent advancements in technology and further address piracy and counterfeiting."[38] This bill, which does not have freedom of panorama clause, gains the strongest support from concerned stakeholders, including Alliance for Creativity and Entertainment (ACE) Asia Pacific,[39] Citizen Watch Philippines,[40] and Globe Telecom.[41]

A June 14, 2023 BusinessWorld Online article mentions the three pending intellectual property code amendment bills – House Bills 799, 2672, and 3838. The bills themselves contain FOP clause, though FOP is not the topic of the article. The article though states that these bills are vital for the music sector: "There are at least three bills filed with the House of Representatives proposing to further amend the IP Code. These bills uniformly define a 'mark' as 'any sign or combination of signs,' without any qualification as to whether the sign is visible or not. As of today, the bills are pending before the House Committee on Trade and Industry." According to the article, the current version of the law only protects visual marks as trademarks, and does not protect intangible marks like sound marks as trademarks. Many other countries such as Australia, Canada, China, India, Japan, the United Kingdom, and the United States already protect sound marks as trademarks. The passage of the three bills (or a consolidated version of these three bills) is sought to finally protect intangible marks like sound marks.[42] Inferring from this, the three bills not only provide freedom of panorama for Wikimedians, but also a reform on trademark eligibility so that intangible marks like sound marks can be protected too, and not only visual or tangible marks.


For the community discussion, visit Talk:Pilipinas Panorama Community/Freedom of Panorama#Possible suggestions to FOP in the Philippines

Respect to public work and art authors' rights

While the Philippine freedom of panorama as proposed will be broad enough for the benefit of Wikimedians, content creators, and netizens, the provision as it stands will still not cause undue harm to economic rights of architects, sculptors, and muralists, because:

  • "Otherwise than temporarily situated" – the aim of the Philippine FOP will only cover works that are not meant to be permanently seen or installed in public. Hence, works not covered include, but not limited to: sculptures meant for auctions or temporary exhibitions in malls or galleries, models of buildings found inside malls (like Camella house models), artists' paintings, children's works on paper or illustration boards, billboard advertisements, advertisements painted on trains or vehicles, campaign material used in elections or rallies/demonstrations, posters, banners, tarpaulins, and photographs sticked on the likes of municipal or church information boards.
  • For buildings: only actual buildings will be covered by freedom of panorama. Building plans and blueprints are normally not for long-term exhibition in public spaces and therefore not covered, still respecting the important asset of architects and not affecting their livelihood or occupation.
  • For buildings and sculptures: freedom of panorama concerns representing these works in media stated by the proposed clause, such as photography, TV broadcasting, and cinematography. Three-dimensional representations like miniatures of Eduardo Castrillo's Kartilya ng Katipunan and Bonifacio Monument are not covered. Or exact reproduction like building a house in the style of Mañosa's Coconut Palace. These acts are reserved for authors' or their heirs (like heirs of Mañosa and Castrillo). Yet it may be subject to debate the 3D-style representations in computer technology, like Minecraft. This type of 3D representation needs further consultations.
  • For murals and frescoes: if there is an upcoming "Implementing rules and regulations", it should be clear that only photography, cinematography, and television broadcasting are allowed forms of representing these works through freedom of panorama.

Respect to owners of the same works

Freedom of panorama only removes the burden need of Wikimedians, photographers, netizens, and content creators to ask for license from work architects, sculptors, or muralists for uses, publications, and distributions of their photos of the said authors' works permanently placed or installed in public spaces. The legal right does not in any way remove the owners' rights to privacy and/or security. Wikimedians, photographers, netizens, and content creators are still encouraged to respect privacy and security rules of every establishment, even those owned by the Philippine government, when conducting photography of the said works. Museum house rules still apply too: avoid using flash if the museums prohibit using flash in photography.

This is illustrated in the British FOP situation. Their legal right is broad enough to cover also interiors of publicly-accessible museums, irrespective of entrance fee and opening hours. British FOP does not cover murals and frescoes (2D flat works), however. But as per the UK section of this English Wikipedia article, they have one of the strictest anti-terror laws in the world, and photography of sensitive sites is prohibited or regulated. Among those caught by their law were a BBC photojouralist and a representative of their Parliament. This is a security law that is not in any way related to copyright.

Extending Freedom of Panorama in Europe

Successful freedom of panorama introductions with Wikimedian intervention

  • Russia (2014): architectural freedom of panorama. But as the cited article indicates: "Unfortunately, sculptures and monuments are still not covered by the changed law, but photos of historic buildings are permitted now and this opens wide opportunities for participation in the contest."[43]
  • Belgium (2016): broad freedom of panorama (not only limited to architecture).[44]


Freedom of Panorama (FOP) statuses, internationally


The following subsection (including the table) is transcluded from User:JWilz12345/FOP/Global statuses. A slightly more-detailed table exists at Wikimedia Commons.
Freedom of panorama statuses internationally, in 197 countries.
  • All 197 countries as per [1]. Non-commercial FOP (e.g. Azerbaijan, South Korea, and Uzbekistan), incidental FOP (e.g. Cambodia, Luxembourg, and Zambia), and FOP for traditional media only (e.g. Greece, Lebanon, and UAE) are considered as not OK as these are not suitable for Wikimedia Commons. "Partial" denotes FOP is for architecture only but not other types of public artistic works.
  • "YES" designation also includes countries with full FOP for 3D public space works (e.g. buildings and sculptural monuments) but limited or no FOP for most 2D public space works (e.g. murals and church/mosque/temple frescoes), like India and UK.

A more comprehensive table is available at Wikimedia Commons: c:Commons:Freedom of panorama/table.

Statistics

Out of 197 countries...

  • 111 have no FOP (56.35%), and
  • 86 have some-form of Commons-compatible FOP (43.65%).

Out of those 86 countries...

  • 79 have adequate FOP*, and
  • 7 have partial FOP, for architecture only: Denmark, Finland, Japan, Norway, Russia, Taiwan, United States

Note: * - accounts for 40.10% of all 197 countries. Percentage calculated using this online percentage calculator.

Table
Freedom of panorama statuses
Country FOP status Note/s 1 Note/s 2
Afghanistan no
Albania yes
Algeria yes
Andorra no
Angola yes
Antigua and Barbuda yes
Argentina[note 1] no
Armenia yes
Australia yes ESEAP
Austria yes EU
Azerbaijan no
Bahamas yes
Bahrain no
Bangladesh yes
Barbados yes
Belarus no
Belgium yes EU
Belize yes
Benin no OAPI
Bhutan no
Bolivia yes
Bosnia and Hercegovina no
Botswana no
Brazil yes
Brunei yes ASEAN ESEAP
Bulgaria no EU
Burkina Faso no OAPI
Burundi no
Cabo Verde no
Cambodia no ASEAN ESEAP
Cameroon no OAPI
Canada yes
Central African Republic no OAPI
Chad no OAPI
Chile yes
China yes ESEAP
Colombia yes
Comoros no OAPI
Congo-Brazzaville (R.) no OAPI
Congo-Kinshasa (D.R.) no
Costa Rica no
Côte d'Ivoire no OAPI
Croatia yes EU
Cuba yes
Cyprus yes EU
Czech Republic yes EU
Denmark partial EU
Djibouti no
Dominica no
Dominican Republic yes
East Timor / Timor-Leste yes ESEAP
Ecuador yes
Egypt yes
El Salvador yes
Equatorial Guinea no OAPI
Eritrea no
Estonia no EU
Eswatini no
Ethiopia no
Fiji yes ESEAP
Finland partial EU
France no EU
Gabon yes OAPI
Gambia no
Georgia no
Germany yes EU
Ghana no
Greece no EU
Grenada yes
Guatemala no
Guinea no OAPI
Guinea-Bissau yes OAPI
Guyana yes
Haiti no
Honduras no
Hungary yes EU
Iceland no
India yes
Indonesia no ASEAN ESEAP
Iran no
Iraq no
Ireland yes EU
Israel yes
Italy no EU
Jamaica yes
Japan partial ESEAP
Jordan no
Kazakhstan no
Kenya yes
Kiribati no ESEAP
Korea, North (DPRK) yes
Korea, South (ROK) no ESEAP
Kosovo no
Kuwait no
Kyrgyzstan no
Lao PDR no ASEAN ESEAP
Latvia no EU
Lebanon no
Lesotho no
Liberia no
Libya no
Liechtenstein yes
Lithuania no EU
Luxembourg no EU
Madagascar no
Malawi no
Malaysia yes ASEAN ESEAP
Maldives no
Mali no OAPI
Malta yes EU
Marshall Islands[note 2] yes ESEAP
Mauritania yes OAPI
Mauritius no
Mexico yes
Micronesia (FS) no ESEAP
Moldova yes
Monaco no
Mongolia no ESEAP
Montenegro no
Morocco no
Mozambique no
Myanmar / Burma no ASEAN ESEAP
Namibia no
Nauru no ESEAP
Nepal no
Netherlands yes EU
New Zealand yes ESEAP
Nicaragua no
Niger no OAPI
Nigeria no
North Macedonia yes
Norway partial
Oman no
Pakistan yes
Palau no ESEAP
Palestine no
Panama yes
Papua New Guinea no ESEAP
Paraguay yes
Peru yes
Philippines no ASEAN ESEAP
Poland yes EU
Portugal yes EU
Qatar no
Romania no EU
Russian Federation partial
Rwanda no
Saint Kitts and Nevis yes
Saint Lucia yes
Saint Vincent and the Grenadines yes
Samoa (Western) no ESEAP
San Marino no
São Tomé e Príncipe yes
Saudi Arabia no
Senegal no OAPI
Serbia yes
Seychelles no
Sierra Leone no
Singapore yes ASEAN ESEAP
Slovakia yes EU
Slovenia no EU
Solomon Islands yes ESEAP
Somalia no
South Africa no
South Sudan no
Spain yes EU
Sri Lanka no
Sudan no
Suriname yes
Sweden yes EU
Switzerland yes
Syria no
Taiwan partial ESEAP
Tajikistan no
Tanzania no
Thailand yes ASEAN ESEAP
Togo no OAPI
Tonga no ESEAP
Trinidad and Tobago yes
Tunisia yes
Türkiye yes
Turkmenistan no
Tuvalu yes ESEAP
Uganda yes
Ukraine no
United Arab Emirates (UAE) no
United Kingdom (UK) yes
United States of America (USA) partial
Uruguay yes
Uzbekistan no
Vanuatu no ESEAP
Vatican City[note 3] no
Venezuela yes
Vietnam no ASEAN ESEAP
Yemen no
Zambia no
Zimbabwe yes
Note/s 1 remarks
  • ASEAN – country is a member of the Association of South East Asian Nations
  • EU – country is a member of the European Union organization.
  • OAPI – country is a member of Organisation Africaine de la Propriété Intellectuelle. The Bangui Agreement[2] that governs it provides a non-commercial FOP at Annex VII, Part I, Article 16; it is unsure if there is an effect in that provision's conflict with unrestricted FOP legal rights of 3 of the 17 member states: Gabon, Guinea-Bissau, and Mauritania.
Note/s 2 remarks
  • ESEAP – country is in a Wikimedia region known as ESEAP (ESEAP Hub)
Footnotes
  1. On Wikimedia Commons, Argentina is considered to have a de facto FoP for architecture, based on a perspective of an Argentine lawyer about permissible photographic reproductions of buildings (brought in a July 2010 discussion). However, it was put into question in two discussions (from December 2022, from September 2023), especially regarding the actual context of the Argentine lawyer's perspective, if that extends to commercial distributions of images or not. Also, contrary to a claim in the 2010 discussion that Argentina follows customary law in copyright, a Harvard article states that the country follows civil law system following the European system. See also c:Commons:Copyright rules by territory/Argentina#Freedom of panorama. On top of that, Infojustice.org tells of a proposal in 2017 to add more limitations/exceptions for the Argentine copyright law (Law No. 11.723), one of which would have been a freedom of panorama provision. Instead, most of the suggested exceptions were abolished, and the only surviving exception to be passed concerns free uses of works for persons with disabilities (PWDs), as proven by the resulting amendment law, Law No. 27.588 of November 11, 2020, on Amendments to Law No. 11.723 (WIPO copy).
  2. They have no copyright law.
  3. Church decrees govern papal works, but works of art and architecture are governed by Italian copyright law. Italy has no FOP so Vatican City has no FOP too. Refer to c:Commons:Copyright rules by territory/Vatican City#Freedom of panorama.

ASEAN + APEC

See Talk:Pilipinas Panorama Community/Freedom of Panorama#FOP in ASEAN + APEC

Council of Europe

See Talk:Pilipinas Panorama Community/Freedom of Panorama#FOP in Council of Europe


WikiProyekto Panorama

The WikiProyekto Panorama is an initiative of the Pilipinas Panorama Community which aims to create and improve Wikipedia articles related to Freedom of Panorama (FOP). This is to bring awareness to the impact and importance of FOP to the Wikimedia network in the Philippines.

The WikiProyekto Panorama commences its initiative in the Tagalog and Bikol Wikipedia language projects. WikiProyekto is also poised to expand its operation among the other Philippine-based Wikipedia language projects as it continues.


WikiProjects relating to FOP

See Also

References

  1. Dulong de Rosnay, Mélanie; Langlais, Pierre-Carl (2017). "Public artworks and the freedom of panorama controversy: a case of Wikimedia influence". Internet Policy Review. 
  2. a b Reyes, Mary Ann LL. (2021-11-28). "Changing landscape of copyright". The Philippine Star. 
  3. Stott, Rory (2016-04-07). "Freedom of Panorama: The Internet Copyright Law that Should Have Architects Up in Arms". Archify. 
  4. c:Commons:Licensing, Wikimedia Commons
  5. Commons:Freedom of panorama, Wikimedia Commons
  6. w:en:Wikipedia:Freedom of panorama, English Wikipedia
  7. c:Commons:Copyright rules by territory/Philippines#Freedom of panorama, Wikimedia Commons
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  9. c:Commons:Deletion_requests/Image:11th Jamboree Memorial.jpg, Wikimedia Commons
  10. c:Commons:Deletion requests/File:The Angry Christ Mural of the Saint Joseph The Worker Parish Church.jpg, Wikimedia Commons
  11. c:Commons:Deletion requests/Files in Category:Bangko Sentral ng Pilipinas Main Office, Manila, Wikimedia Commons
  12. c:Commons:Deletion requests/File:Crown Regency Hotel.jpg, Wikimedia Commons
  13. c:Commons:Deletion requests/Files in Category:Divine Mercy Shrine (Misamis Oriental), Wikimedia Commons
  14. c:Commons:Deletion requests/Files in Category:Eagle of the North, Wikimedia Commons
  15. c:Commons:Deletion requests/Files in Category:EDSA Shrine and c:Commons:Deletion requests/File:EDSA Shrine 2.jpg, Wikimedia Commons
  16. c:Commons:Deletion requests/Files in Category:Diorama of Rizal's Martyrdom, Wikimedia Commons
  17. c:Commons:Deletion requests/File:GT International Tower.jpg
  18. c:Commons:Deletion requests/Files in Category:Iloilo International Airport
  19. c:Commons:Deletion requests/Files in Category:Kartilya ng Katipunan “The Life and Heroism of Gat Andres Bonifacio” Monument and Mural (Mehan Garden, Ermita, Manila) and Commons:Deletion requests/Bonifacio Shrine in Manila, Wikimedia Commons
  20. c:Commons:Deletion requests/Files in Category:Lion's Head (Kennon Road), Wikimedia Commons
  21. c:Commons:Deletion requests/Files in Category:United Nations station, Wikimedia Commons
  22. c:Commons:Deletion requests/Photographs of the Leyte Landing Memorial and c:Commons:Deletion requests/Files in Category:Leyte Landing Memorial, Wikimedia Commons
  23. c:Commons:Deletion requests/Files in Category:Malacañang Palace, Wikimedia Commons
  24. c:Commons:Deletion requests/Files in Category:New Clark City Athletics Stadium, Wikimedia Commons
  25. c:Commons:Deletion requests/Files in Category:Oblation (University of the Philippines Diliman) and c:Commons:Deletion requests/Guillermo Tolentino statues, Wikimedia Commons
  26. c:Commons:Deletion requests/File:People Power Monument.jpg and c:Commons:Deletion requests/Files in Category:People Power Monument, Wikimedia Commons
  27. c:Commons:Deletion requests/Files in Category:Philippine Arena, Wikimedia Commons
  28. c:Commons:Deletion requests/Files in Category:Philippine International Convention Center, Wikimedia Commons
  29. c:Commons:Deletion requests/File:Quezon Memorial Monument.jpg and c:Commons:Deletion requests/Files found with incategory:"Quezon Memorial Shrine", see also c:Commons:Undeletion requests/Archive/2020-09#File:Quezon memorial.jpg (failed undeletion request), Wikimedia Commons
  30. c:Commons:Deletion requests/Files in Category:SM Mall of Asia, Wikimedia Commons
  31. c:Commons:Deletion requests/Files in Category:Sultan Haji Hassanal Bolkhia Mosque, Wikimedia Commons
  32. c:Commons:Deletion requests/File:TriNoma.jpg, Wikimedia Commons
  33. c:Commons:Deletion requests/File:WTNaga HMMM A11.JPG, Wikimedia Commons
  34. c:Commons:Deletion requests/Files in Category:Murals in Manila, Wikimedia Commons
  35. w:en:Wikipedia:Possibly unfree files/2012 June 15#File:Memorare Manila Monument.jpg, English Wikipedia
  36. w:en:Wikipedia:Files for discussion/2020 September 30#File:People Power Monument (EDSA-White Plains, Quezon City; 2014-12-03).jpg, English Wikipedia
  37. "IPOPHL lauds consolidation of House bills to modernize IP Code, identifies 17 priority areas for amendment". 2021-02-24. 
  38. Cruz, RG (2023-05-22). "House OKs bill strengthening PH Intellectual Property Office". ABS-CBN News. 
  39. Bautista, Mario (2023-06-14). "GMA's anti-piracy campaign gets warm welcome from global industry leaders". Journal Online. 
  40. Argosino, Faith (2023-08-08). "Group pushes for IP Code amendments to boost fight vs online piracy". Inquirer.net. 
  41. Globe Telecom, Inc. (2023-09-26). "Globe Unites with IPOPHL, Major ISPs in Landmark MOU vs Online Content Piracy". 
  42. Valdecantos-Javelosa, Clarisse Paulina (2023-06-14). "Are sound marks protected under Philippine law?". BusinessWorld Online. 
  43. https://diff.wikimedia.org/2014/10/14/free-licenses-freedom-of-panorama-now-recognized-russian-law/
  44. https://be.wikimedia.org/wiki/Freedom_of_panorama#Timeline