The
European Parliament maintain ‘Status Quo’ of Freedom of Panorama
According to the European
Union Parliament Press Release dated June 16, 2015, a Draft Report was to be
tabled to discuss whether permission should be obtained from the copyright holder
to commercially use images or videos of monuments and sculptures in Europe. Our
previous newsletter, titled “New EU Law, A Midsummer Nightmare?” (available
here)
discussed the issue of Freedom of Panorama in Europe.
Latest
Development
On July 9, 2015,
European parliament by a non-legislative resolution conclusively rejected the
suggestion to limit the right to freely photograph public space. The non-binding
resolutions, which assesses the implementation of the key aspects of EU
copyright law ahead of upcoming Commission proposal to modernize it, was passed
by 445 votes to 65, with 32 abstentions.
The EU parliament
decisively removed the controversial proposal to restrict the so-called Freedom
of Panorama, the right to use pictures of public buildings and sculptures
without restriction, which had previously been inserted by the Legal Affairs
Committee.
The EU Parliament Press
Release titled “Copyright reform: promote cultural diversity and ensure access
to it, say MEPs” was issued soon after the voting on July 9, 2015. The news reads
“Concerning the right to create and
publish images and photographs of public buildings and art works, MEPs prefer
to retain the current situation by rejecting the proposal in the draft
resolution that commercial use of such images should require authorisation from
the right-holders. Under current EU copyright law, it is possible for member
states to insert or not to insert a so-called freedom of panorama clause in
their copyright legislation.”
The Parliament is believed
to table a proposal by the end of 2015 to modernize EU copyright law to make it
fit for the digital age.
Parliament wishes to
bring a single European copyright title that would cover the whole of the
territory of the EU; review the existing exceptions to copyright laws to better
adapt them to the digital environment and examine the application of minimum
standards and ensure fair and appropriate remuneration for all categories of
right-holders, including with regard to digital distribution of their works,
and improve the contractual position of authors and performers in relation to
other right-holders and intermediaries.
References
- http://www.europarl.europa.eu/news/en/news-room/content/20150703IPR73903/html/Copyright-reform-promote-cultural-diversity-and-ensure-access-to-it-say-MEPs
- http://www.greens-efa.eu/copyright-14332.html
- https://juliareda.eu/2015/07/eu-parliament-defends-freedom-of-panorama-calls-for-copyright-reform/
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