Original: In 2017, Wikimedia Sweden was ordered to pay damages equivalent to around $89,000 USD to URL Former USSR countries Main building of Moscow State University, designed by Lev Rudnev who died in 1956 and under copyright when freedom of panorama for architecture was introduced in Russia in 2014 Almost all countries from the former Soviet Union lack complete freedom of panorama. In particular, Article 21 of the copyright law of Kazakhstan allows uses of works of architecture, photographs, and fine arts, but does not allow commercial uses if the works become main subjects of the images. The Ukrainian copyright law is more restrictive, permitting only fair use-like exceptions: informational and current events purposes (Article 21(4)), and parody (Article 21(9.1)). Exceptions are three countries whose copyright laws were amended recently. The first was Moldova in July 2010, when the law in question was approximated to EU standards. Armenia followed in April 2013 with an updated Armenian law on copyright. Freedom of panorama was partially adopted in Russia on October 1, 2014; from this day, one is allowed to freely use images of buildings and gardens visible from public places, but not for images of other works like sculptures. Australia Sydney Opera House, designed by Danish architect Jørn Utzon In Australia, freedom of panorama is dealt with in the federal Copyright Act 1968, sections 65 to 68. Section 65 provides: "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". This applies to any "artistic work" as defined in paragraph (c) of section 10: a "work of artistic craftsmanship" (but not a circuit layout). However, "street art" may be protected by copyright. Section 66 of the Act provides exceptions to copyright infringement for photos and depictions of buildings and models of buildings. Brazil A freedom of panorama provision is provided at Article 48 of the Brazilian copyright law. It states that "works permanently located in public places may be freely represented through paintings, drawings, photographs, and audiovisual processes." Canada Section 32.2(1) of the Copyright Act (Canada) states the following: The Copyright Act also provides specific protection for the incidental inclusion of another work seen in the background of a photo. Photos that "incidentally and not deliberately" include another work do not infringe copyright. China May Wind sculpture at Qingdao's May Fourth Square Article 24(10) of the copyright law of China provides a sufficient freedom of panorama provision. Accordingly, it is allowed to exploit an artistic work "located or on display in a public place" by means of drawing, photography, or videography without permission from and remuneration to the copyright holder, "provided that the name of the author and the title of the work shall be mentioned." Because of relevant provisions under One country, two systems, the said exception does not apply to both Hong Kong and Macau. Hong Kong and Macau Section 71 of Hong Kong's Copyright Ordinance (Chapter 528) allows for representations sculptures and works of artistic craftsmanship "permanently situated in public place or in premises open to the public" and buildings through drawings, paintings, photographs, films, and broadcasting, and considers making copies of representations of such works as not infringing the copyright of such works. Section 61(l) of Macau's Decree-Law No. 43/99/M of August 16, 1999, on the Regime of Copyright and Related Rights permits photographic, videographic, and cinematographic representations of artistic works situated in public places. Democratic Republic of the Congo Freedom of panorama is very limited in the copyright law of the Democratic Republic of the Congo. Article 28 permits photography, cinematography, and television broadcasting of architecture, though photos of such works can only be legally used in newspapers, journals, and school textbooks. Article 29, which deals with "figurative works of art that are permanently located in a public place," only allows representations of such works through film and television programs. Iceland Icelandic copyright law does not provide full freedom of panorama. Article 16 permits photography and presentation of resulting images of buildings and public art outdoors, but if these became the main subjects of the images and the images are used commercially, the authors of buildings and public art are "entitled for remuneration". Such mandatory payment is not required if the user is a newspaper publisher or a television broadcaster. India Freedom of panorama is dealt with in sections 52, s–u(i) of the copyright law of India. Both (s) and (t) of section 52 applies to depictions of architecture, sculptures, and works of artistic craftsmanship through drawing, painting, engraving, and photography, while (u)(i) applies to cinematographic inclusion of all types of artistic works. These provisions are applicable if the work is "permanently situate in a public place or any premises to which the public has access." (u)(ii) is for the incidental cinematographic inclusion of works not located in public spaces. Indonesia There is no specific mention of freedom of panorama in the copyright law of Indonesia, though a similar but restricted provision exists at Article 15 which grants owners of artistic works, including architecture and sculptures, the right to conduct public exhibition, whether in the form of publication of the works or reproduction in a catalog. Article 43(d) provides for the distribution of copyrighted works over the information technology and communication media, on condition that the said medium of distribution is "not commercial and/or lucrative for the Author or related parties." Iran Freedom of panorama is not recognized in the copyright law of Iran. The provision at Article 11, though, permits reproduction of works but for private and noncommercial uses only. Israel Israeli freedom of panorama is found at Section 23 of the Copyright Act, 2007 (as amended on July 28, 2011), which states that it is permitted to visually represent works of architecture, sculpture, and applied art through drawing, sketching, photography, and broadcasting, if the said works are "permanently situated in a public place." Japan The copyright law of Japan provides for a limited freedom of panorama for outdoor artistic works and full freedom of panorama for buildings. Article 46 of the Copyright Act (Act No. 48 of May 6, 1970, as amended 2020) allows for exploitations of reproductions of artistic works "permanently installed in an outdoor location" and architectural works for any purposes, but with four exceptions to which this freedom does not apply, one of which – at (iv) – is when the reproduction of an artistic work is made "for the purpose of selling copies of it, or selling those copies." Article 48 obliges the users of images of such works to mention the source if provided and in accordance with the common practice. It is important to note the 2003 ruling of the Osaka District Court, which states that "architectural works" protected under this law only includes buildings with distinct aesthetic and creative properties. There are also legal interpretations which hold that the Tower of the Sun in Suita, Osaka Prefecture must be classified as an artistic work rather than an architectural work. This means any images of this landmark cannot be used commercially, even if there is full freedom of panorama for buildings in Japan. Malaysia Under Section 13(2) of the Copyright Act 1987 (Act 332, as at 1 January 2006), the right to control does not include: "Artistic work" is defined at Section 3(f) as encompassing works of architecture, models of architecture, sculptures, graphic works, and works of artistic craftsmanship, but explicitly excludes layout designs. Morocco The Moroccan copyright law does not provide full freedom of panorama. The relevant provision at Section 20 only allows republication, broadcasting, and communication to public of images of architecture, works of fine art, photographic works, and works applied art permanently situated in publicly-open place, if the depicted work is not the main subject. If it becomes the main subject, the reproduction should not be used commercially. On December 12, 1955, the Court of Appeal of Rabat ruled that "the fact of building or placing an architectural work in a public place does not in itself imply any loss of artistic property rights." New Zealand Under the Copyright Act (1994) of New Zealand, exemptions exist for free sharing of photographs of certain works like sculptures, but none for graphic works like murals and street art, even if these are located in public spaces. This means permission from the artists or whoever is the copyright holder is required to freely take photographs of such graphic works for sharing purposes, especially with commercial intent. However, this restriction is largely ignored, as evidenced by tourists' continued sharing of such images on social media and marketing companies' utilizations of copyrighted graphic works as background elements in advertisements. In 2019, artist Xoë Hall expressed her indignation over Whitcoulls's use of images of her Wellington mural in their calendars, and suggested her peer muralists in New Zealand "have a contract for every wall they paint, stating who owns the copyright, and to include that in the mural with the artist's name." Philippines The Intellectual property Code of the Philippines (Republic Act No. 8923) makes no specific provision for freedom of panorama. A very limited provision does exists at Section 184(d) which states "the reproduction and communication to the public of literary, scientific or artistic works as part of reports of current events by means of photography, cinematography or broadcasting to the extent necessary for the purpose." On February 4, 2021, Intellectual Property Office of the Philippines Director-General Rowel Barba proposed to the House of Representatives to include freedom of panorama in the amendments to the Intellectual Property Code. House Bill No. 8620 to place freedom of panorama under Sub-section m, Section 184, of the Intellectual Property Code had been filed by Representative Wes Gatchalian of Valenzuela City . , the bill was pending with the Trade and Industry committee. Singapore The copyright law of Singapore guarantees sufficient freedom of panorama, under Sections 63 and 64. Section 63 deals with sculptures and works of artistic craftsmanship that are permanently located in public places or publicly-open premises, while Section 64 covers buildings and models of buildings. Allowable representations are painting, drawing, engraving, photography, cinematography, and television broadcasting. South Africa The copyright law of South Africa does not grant freedom of panorama. An exception is provided at Section 15(3) for artistic works permanently situated in public places, but only limits to "reproduction or inclusion in a cinematograph film or a television broadcast or transmission in a diffusion service." The "diffusion service" is defined in Section 1(1) as "a telecommunication service of transmissions consisting of sounds, images, signs or signals, which takes place over wires or other paths provided by material substance and intended for reception by specific members of the public;...and where sounds, images, signs or signals are displayed or emitted by any receiving apparatus to which they are conveyed by diffusion in such manner as to constitute a performance or a causing of sounds, images, signs or signals to be seen or heard in public, this shall be deemed to be effected by the operation of the receiving apparatus." South Korea Censored image of Lotte World Tower, as a result of restrictive noncommercial freedom of panorama A freedom of panorama provision is provided at Article 35(2) of the South Korean copyright law, but is restricted to noncommercial purposes only. The provision states that works of art and other works that are permanently situated in open places can be exploited for any purposes, except in cases "where the reproduction is made for the purpose of selling its copies." A single freedom of panorama-related court case in South Korea was in 2008, concerning a production company's unauthorized use of a theater building in an advertisement. The Seoul Central District Court ruled that Pomato Co., Ltd. violated architect Min Gyu-am's copyright on "UV House", located in Paju and completed in 2004, by their inclusion of the building as the background element of a 2005 television and Internet advertisement for the Kookmin Bank. While the owner of the building received payment, the architect did not. An earlier verdict in favor of the production company by a lower court was discarded in an appeals case. Accordingly, an architect must be paid whenever his building is exploited for commercial purposes, including advertisement and drama production. A mediation was reached wherein the production company was to pay architect Min ₩10 million in compensation for the act of copyright infringement. Taiwan Taipei 101 Article 58 of the Copyright Act of Taiwan provides for a freedom of panorama exception, wherein architectural and artistic works "displayed on a long-term basis" in outdoor places open to the public may be exploited for any purposes. This does not apply if the reproduction of artistic works is purely for the purpose of selling copies. This noncommercial restriction was clarified in the 192nd issue of the Intellectual Property Right Journal by the Intellectual Property Office, Ministry of Economic Affairs. Accordingly, photographing murals painted on outdoor walls of village houses and using the resulting photographs on commercial postcards without muralist's permission complies with Article 58. It is the act of selling actual reproductions of artistic works that is prohibited in the law. A similar clarification was also made regarding use of images of Taipei 101. While the name "Taipei 101" is trademark-protected, no architect's permission is needed for the use of images of Taipei 101 in commercial postcards, as long as the representation depicts the building's exteriors. Thailand Freedom of panorama is dealt with in Sections 37–39 of the copyright law of Thailand. Sections 37 and 38 allow representations through "drawing, painting, construction, engraving, molding, carving, lithographing, photographing, cinematographing, and video broadcasting" of artistic works in public places and architecture, while Section 39 allows pictorial and videographic representations of "a work of which an artistic work is a component." Turkey Under article 40 of the copyright law of Turkey: United Arab Emirates The copyright law of the United Arab Emirates, which dates from 2002, does not grant freedom of panorama. A similar exception exists but is limited only to "broadcasting programmes". According to article 22 of Section Four ("The Term of Protection and the License to Use the Works"): Protected works in the United Arab Emirates include the Burj Al Arab, the Burj Khalifa, and Sheikh Zayed Mosque. Due to Wikimedia's stringent licensing rules, submitted images showing modern architecture without architects' permissions were taken down at the end of the first edition of the Wiki Loves Emirates campaign in 2018. United Kingdom Under UK law, freedom of panorama covers all buildings as well as most three-dimensional works such as sculptures that are permanently situated in a public place. The freedom does not generally extend to two-dimensional copyright works such as murals or posters. A photograph which makes use of the freedom may be published in any way without breaching copyright. Section 62 of the Copyright, Designs and Patents Act 1988 is broader than the corresponding provisions in many other countries, and allows photographers to take pictures of buildings, defined in section 4(2) as "any fixed structure, and a part of a building or fixed structure". There is no requirement that the building be in located a public place, nor does the freedom extend only to external views of the building. Also allowed are photographs of certain artworks that are permanently situated in a public place or in premises open to the public, specifically sculptures, models for buildings, and "works of artistic craftsmanship". According to the standard reference work on copyright, Copinger and Skone James, the expression "open to the public" presumably includes premises to which the public are admitted only on licence or on payment. Again, this is broader than 'public place', which is the wording in many countries, and there is no restriction to works that are located outdoors. Under the local approach to copyright, "works of artistic craftsmanship" are defined separately from "graphic works", and the freedom of section 62 does not apply to the latter. "Graphic works" are defined in section 4 as any painting, drawing, diagram, map, chart or plan, any engraving, etching, lithograph, woodcut or similar work. Accordingly, photographs may not freely be taken of artworks such as murals or posters even if they are permanently located in a public place. The courts have not established a consistent test for what is meant by a "work of artistic craftsmanship", but Copinger suggests that the creator must be both a craftsman and an artist. Evidence of the intentions of the maker are relevant, and according to the House of Lords case of Hensher v Restawile [1976] AC 64, it is "relevant and important, although not a paramount or leading consideration" if the creator had the conscious purpose of creating a work of art. It is not necessary for the work to be describable as "fine art". In that case, some examples were given of typical articles that might be considered works of artistic craftsmanship, including hand-painted tiles, stained glass, wrought iron gates, and the products of high-class printing, bookbinding, cutlery, needlework and cabinet-making. Other artworks cited by Copinger that have been held to fall under this definition include hand-knitted woollen sweaters, fabric with a highly textured surface including 3D elements, a range of pottery and items of dinnerware. The cases are, respectively, Bonz v Cooke [1994] 3 NZLR 216 (New Zealand), Coogi Australia v Hyrdrosport (1988) 157 ALR 247 (Australia), Walter Enterprises v Kearns (Zimbabwe) noted at [1990] 4 EntLR E-61, and Commissioner of Taxation v Murray (1990) 92 ALR 671 (Australia). The Design and Artists Copyright Society and Artquest provide further information on UK freedom of panorama. United States Architectural works United States copyright law contains the following provision: The definition of "architectural work" is a building, which is defined as "humanly habitable structures that are intended to be both permanent and stationary, such as houses and office buildings, and other permanent and stationary structures designed for human occupancy, including but not limited to churches, museums, gazebos, and garden pavilions". Other works Nevertheless, the United States freedom of panorama does not cover other artistic works still covered by copyright, including sculptures. Usages of images of such works for commercial purposes may become copyright infringements. One notable case of copyright infringement involving public artworks in the United States is Gaylord v. United States, No. 09-5044. This involved the United States Postal Service's use of an image of 14 out of 19 statues of soldiers in the Korean War Veterans Memorial for their commemorative stamp in the 50th anniversary of the Korean War armistice in 2003. USPS did not obtain permission from Frank Gaylord, sculptor of the artistic work called The Column, for their use of the image on their stamp, which cost 37 cents. Gaylord filed suit against USPS in 2006 for violation of his copyright over the artistic work. Included in the suit was former Marine John Alli, who was the photographer who produced the image of the sculpture. Eventually, an amicable settlement was reached with Alli when the photographer agreed to pay Gaylord a 10\% royalty for any subsequent sales of his image of the sculpture. In a 2008 decision of the Court of Federal Claims, it was determined that USPS did not infringe Gaylord's copyright as their use complies with fair use. Nevertheless the court determined that The Column is not covered by the Architectural Works Copyright Protection Act (AWCPA) as it is not an architectural work of art. The side of the sculptor appealed, and on February 25, 2010 the Federal Circuit reversed the earlier decision regarding fair use. The use of the image of The Column in the commemorative stamp by USPS cannot be considered as a fair use since it is not transformative in nature (the context and intended meaning in the stamp remained the same as that of the actual sculpture). The presence of the artistic work in the stamp is substantial, and this also fails fair use. The purpose of USPS over this use is considered commercial, because it earned $ 17 million from its sales of almost 48 million stamps bearing this image.
Revised: In 2017, Wikimedia Sweden was ordered to pay damages equivalent to around $89,000 USD to URL Former USSR countries Main building of Moscow State University, designed by Lev Rudnev who died in 1956 and under copyright when freedom of panorama for architecture was introduced in Russia in 2014 Almost all countries from the former Soviet Union lack complete freedom of panorama. In particular, Article 21 of the copyright law of Kazakhstan allows uses of works of architecture, photographs, and fine arts, but does not allow commercial uses if the works become main subjects of the images. The Ukrainian copyright law is more restrictive, permitting only fair use-like exceptions: informational and current events purposes (Article 21(4)), and parody (Article 21(9.1)). Exceptions are three countries whose copyright laws were amended recently. The first was Moldova in July 2010, when the law in question was approximated to EU standards. Armenia followed in April 2013 with an updated Armenian law on copyright. Freedom of panorama was partially adopted in Russia on October 1, 2014; from this day, one is allowed to freely use images of buildings and gardens visible from public places, but not for images of other works like sculptures. Australia Sydney Opera House, designed by Danish architect Jørn Utzon In Australia, freedom of panorama is dealt with in the federal Copyright Act 1968, sections 65 to 68. Section 65 provides: "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". This applies to any "artistic work" as defined in paragraph (c) of section 10: a "work of artistic craftsmanship" (but not a circuit layout). However, "street art" may be protected by copyright. Section 66 of the Act provides exceptions to copyright infringement for photos and depictions of buildings and models of buildings. Brazil A freedom of panorama provision is provided at Article 48 of the Brazilian copyright law. It states that "works permanently located in public places may be freely represented through paintings, drawings, photographs, and audiovisual processes." Canada Section 32.2(1) of the Copyright Act (Canada) states the following: The Copyright Act also provides specific protection for the incidental inclusion of another work seen in the background of a photo. Photos that "incidentally and not deliberately" include another work do not infringe copyright. China May Wind sculpture at Qingdao's May Fourth Square Article 24(10) of the copyright law of China provides a sufficient freedom of panorama provision. Accordingly, it is allowed to exploit an artistic work "located or on display in a public place" by means of drawing, photography, or videography without permission from and remuneration to the copyright holder, "provided that the name of the author and the title of the work shall be mentioned." Because of relevant provisions under One country, two systems, the said exception does not apply to both Hong Kong and Macau. Hong Kong and Macau Section 71 of Hong Kong's Copyright Ordinance (Chapter 528) allows for representations sculptures and works of artistic craftsmanship "permanently situated in public place or in premises open to the public" and buildings through drawings, paintings, photographs, films, and broadcasting, and considers making copies of representations of such works as not infringing the copyright of such works. Section 61(l) of Macau's Decree-Law No. 43/99/M of August 16, 1999, on the Regime of Copyright and Related Rights permits photographic, videographic, and cinematographic representations of artistic works situated in public places. Democratic Republic of the Congo Freedom of panorama is very limited in the copyright law of the Democratic Republic of the Congo. Article 28 permits photography, cinematography, and television broadcasting of architecture, though photos of such works can only be legally used in newspapers, journals, and school textbooks. Article 29, which deals with "figurative works of art that are permanently located in a public place," only allows representations of such works through film and television programs. Iceland Icelandic copyright law does not provide full freedom of panorama. Article 16 permits photography and presentation of resulting images of buildings and public art outdoors, but if these became the main subjects of the images and the images are used commercially, the authors of buildings and public art are "entitled for remuneration". Such mandatory payment is not required if the user is a newspaper publisher or a television broadcaster. India Freedom of panorama is dealt with in sections 52, s–u(i) of the copyright law of India. Both (s) and (t) of section 52 applies to depictions of architecture, sculptures, and works of artistic craftsmanship through drawing, painting, engraving, and photography, while (u)(i) applies to cinematographic inclusion of all types of artistic works. These provisions are applicable if the work is "permanently situate in a public place or any premises to which the public has access." (u)(ii) is for the incidental cinematographic inclusion of works not located in public spaces. Indonesia There is no specific mention of freedom of panorama in the copyright law of Indonesia, though a similar but restricted provision exists at Article 15 which grants owners of artistic works, including architecture and sculptures, the right to conduct public exhibition, whether in the form of publication of the works or reproduction in a catalog. Article 43(d) provides for the distribution of copyrighted works over the information technology and communication media, on condition that the said medium of distribution is "not commercial and/or lucrative for the Author or related parties." Iran Freedom of panorama is not recognized in the copyright law of Iran. The provision at Article 11, though, permits reproduction of works but for private and noncommercial uses only. Israel Israeli freedom of panorama is found at Section 23 of the Copyright Act, 2007 (as amended on July 28, 2011), which states that it is permitted to visually represent works of architecture, sculpture, and applied art through drawing, sketching, photography, and broadcasting, if the said works are "permanently situated in a public place." Japan The copyright law of Japan provides for a limited freedom of panorama for outdoor artistic works and full freedom of panorama for buildings. Article 46 of the Copyright Act (Act No. 48 of May 6, 1970, as amended 2020) allows for exploitations of reproductions of artistic works "permanently installed in an outdoor location" and architectural works for any purposes, but with four exceptions to which this freedom does not apply, one of which – at (iv) – is when the reproduction of an artistic work is made "for the purpose of selling copies of it, or selling those copies." Article 48 obliges the users of images of such works to mention the source if provided and in accordance with the common practice. It is important to note the 2003 ruling of the Osaka District Court, which states that "architectural works" protected under this law only includes buildings with distinct aesthetic and creative properties. There are also legal interpretations which hold that the Tower of the Sun in Suita, Osaka Prefecture must be classified as an artistic work rather than an architectural work. This means any images of this landmark cannot be used commercially, even if there is full freedom of panorama for buildings in Japan. Malaysia Under Section 13(2) of the Copyright Act 1987 (Act 332, as at 1 January 2006), the right to control does not include: "Artistic work" is defined at Section 3(f) as encompassing works of architecture, models of architecture, sculptures, graphic works, and works of artistic craftsmanship, but explicitly excludes layout designs. Morocco The Moroccan copyright law does not provide full freedom of panorama. The relevant provision at Section 20 only allows republication, broadcasting, and communication to public of images of architecture, works of fine art, photographic works, and works applied art permanently situated in publicly-open place, if the depicted work is not the main subject. If it becomes the main subject, the reproduction should not be used commercially. On December 12, 1955, the Court of Appeal of Rabat ruled that "the fact of building or placing an architectural work in a public place does not in itself imply any loss of artistic property rights." New Zealand Under the Copyright Act (1994) of New Zealand, exemptions exist for free sharing of photographs of certain works like sculptures, but none for graphic works like murals and street art, even if these are located in public spaces. This means permission from the artists or whoever is the copyright holder is required to freely take photographs of such graphic works for sharing purposes, especially with commercial intent. However, this restriction is largely ignored, as evidenced by tourists' continued sharing of such images on social media and marketing companies' utilizations of copyrighted graphic works as background elements in advertisements. In 2019, artist Xoë Hall expressed her indignation over Whitcoulls's use of images of her Wellington mural in their calendars, and suggested her peer muralists in New Zealand "have a contract for every wall they paint, stating who owns the copyright, and to include that in the mural with the artist's name." Philippines The Intellectual property Code of the Philippines (Republic Act No. 8923) makes no specific provision for freedom of panorama. A very limited provision does exists at Section 184(d) which states "the reproduction and communication to the public of literary, scientific or artistic works as part of reports of current events by means of photography, cinematography or broadcasting to the extent necessary for the purpose." On February 4, 2021, Intellectual Property Office of the Philippines Director-General Rowel Barba proposed to the House of Representatives to include freedom of panorama in the amendments to the Intellectual Property Code. House Bill No. 8620 to place freedom of panorama under Sub-section m, Section 184, of the Intellectual Property Code had been filed by Representative Wes Gatchalian of Valenzuela City . , the bill was pending with the Trade and Industry committee. Singapore The copyright law of Singapore guarantees sufficient freedom of panorama, under Sections 63 and 64. Section 63 deals with sculptures and works of artistic craftsmanship that are permanently located in public places or publicly-open premises, while Section 64 covers buildings and models of buildings. Allowable representations are painting, drawing, engraving, photography, cinematography, and television broadcasting. South Africa The copyright law of South Africa does not grant freedom of panorama. An exception is provided at Section 15(3) for artistic works permanently situated in public places, but only limits to "reproduction or inclusion in a cinematograph film or a television broadcast or transmission in a diffusion service." The "diffusion service" is defined in Section 1(1) as "a telecommunication service of transmissions consisting of sounds, images, signs or signals, which takes place over wires or other paths provided by material substance and intended for reception by specific members of the public;...and where sounds, images, signs or signals are displayed or emitted by any receiving apparatus to which they are conveyed by diffusion in such manner as to constitute a performance or a causing of sounds, images, signs or signals to be seen or heard in public, this shall be deemed to be effected by the operation of the receiving apparatus." South Korea Censored image of Lotte World Tower, as a result of restrictive non-commercial freedom of panorama A freedom of panorama provision is provided at Article 35 of the South Korean copyright law, but is restricted to non-commercial purposes only. The provision states that works of art, buildings, and photographs that are permanently situated in open places can be exploited for any purposes, except in cases: "Where a building is reproduced into another building;" "Where a sculpture or painting is reproduced into another sculpture or painting;" "Where the reproduction is made in order to exhibit permanently at an open place;" "Where the reproduction is made for the purpose of selling its copies." A single freedom of panorama-related court case in South Korea was in 2008, concerning a advertisement company's unauthorized use of a building in advertisements. Pomato Co., Ltd. used architect Min Gyu-am's "UV House", located in Paju, by their inclusion of the building as the background element of a 2005 television and Internet advertisement for the Kookmin Bank. The architect received a rental fee for the place, but he did not grant permission to use its copyright. After the advertisements was released, the architect said they used the architectural work without his permission, so he claims for damages. In the first trial, the Seoul Central District Court judged that the appearance of the building used in the advertisements is small compared to the whole, so it cannot be seen as a copyright infringement.Seoul Central District Court, Decision of 12 September 2007, 2006GaDan208142. During the second trial, in November 7, 2008, both parties agreed to pay compensation. So with the completion of mediation, the second trial ended without a ruling. Taiwan Taipei 101 Article 58 of the Copyright Act of Taiwan provides for a freedom of panorama exception, wherein architectural and artistic works "displayed on a long-term basis" in outdoor places open to the public may be exploited for any purposes. This does not apply if the reproduction of artistic works is purely for the purpose of selling copies. This noncommercial restriction was clarified in the 192nd issue of the Intellectual Property Right Journal by the Intellectual Property Office, Ministry of Economic Affairs. Accordingly, photographing murals painted on outdoor walls of village houses and using the resulting photographs on commercial postcards without muralist's permission complies with Article 58. It is the act of selling actual reproductions of artistic works that is prohibited in the law. A similar clarification was also made regarding use of images of Taipei 101. While the name "Taipei 101" is trademark-protected, no architect's permission is needed for the use of images of Taipei 101 in commercial postcards, as long as the representation depicts the building's exteriors. Thailand Freedom of panorama is dealt with in Sections 37–39 of the copyright law of Thailand. Sections 37 and 38 allow representations through "drawing, painting, construction, engraving, molding, carving, lithographing, photographing, cinematographing, and video broadcasting" of artistic works in public places and architecture, while Section 39 allows pictorial and videographic representations of "a work of which an artistic work is a component." Turkey Under article 40 of the copyright law of Turkey: United Arab Emirates The copyright law of the United Arab Emirates, which dates from 2002, does not grant freedom of panorama. A similar exception exists but is limited only to "broadcasting programmes". According to article 22 of Section Four ("The Term of Protection and the License to Use the Works"): Protected works in the United Arab Emirates include the Burj Al Arab, the Burj Khalifa, and Sheikh Zayed Mosque. Due to Wikimedia's stringent licensing rules, submitted images showing modern architecture without architects' permissions were taken down at the end of the first edition of the Wiki Loves Emirates campaign in 2018. United Kingdom Under UK law, freedom of panorama covers all buildings as well as most three-dimensional works such as sculptures that are permanently situated in a public place. The freedom does not generally extend to two-dimensional copyright works such as murals or posters. A photograph which makes use of the freedom may be published in any way without breaching copyright. Section 62 of the Copyright, Designs and Patents Act 1988 is broader than the corresponding provisions in many other countries, and allows photographers to take pictures of buildings, defined in section 4(2) as "any fixed structure, and a part of a building or fixed structure". There is no requirement that the building be in located a public place, nor does the freedom extend only to external views of the building. Also allowed are photographs of certain artworks that are permanently situated in a public place or in premises open to the public, specifically sculptures, models for buildings, and "works of artistic craftsmanship". According to the standard reference work on copyright, Copinger and Skone James, the expression "open to the public" presumably includes premises to which the public are admitted only on licence or on payment. Again, this is broader than 'public place', which is the wording in many countries, and there is no restriction to works that are located outdoors. Under the local approach to copyright, "works of artistic craftsmanship" are defined separately from "graphic works", and the freedom of section 62 does not apply to the latter. "Graphic works" are defined in section 4 as any painting, drawing, diagram, map, chart or plan, any engraving, etching, lithograph, woodcut or similar work. Accordingly, photographs may not freely be taken of artworks such as murals or posters even if they are permanently located in a public place. The courts have not established a consistent test for what is meant by a "work of artistic craftsmanship", but Copinger suggests that the creator must be both a craftsman and an artist. Evidence of the intentions of the maker are relevant, and according to the House of Lords case of Hensher v Restawile [1976] AC 64, it is "relevant and important, although not a paramount or leading consideration" if the creator had the conscious purpose of creating a work of art. It is not necessary for the work to be describable as "fine art". In that case, some examples were given of typical articles that might be considered works of artistic craftsmanship, including hand-painted tiles, stained glass, wrought iron gates, and the products of high-class printing, bookbinding, cutlery, needlework and cabinet-making. Other artworks cited by Copinger that have been held to fall under this definition include hand-knitted woollen sweaters, fabric with a highly textured surface including 3D elements, a range of pottery and items of dinnerware. The cases are, respectively, Bonz v Cooke [1994] 3 NZLR 216 (New Zealand), Coogi Australia v Hyrdrosport (1988) 157 ALR 247 (Australia), Walter Enterprises v Kearns (Zimbabwe) noted at [1990] 4 EntLR E-61, and Commissioner of Taxation v Murray (1990) 92 ALR 671 (Australia). The Design and Artists Copyright Society and Artquest provide further information on UK freedom of panorama. United States Architectural works United States copyright law contains the following provision: The definition of "architectural work" is a building, which is defined as "humanly habitable structures that are intended to be both permanent and stationary, such as houses and office buildings, and other permanent and stationary structures designed for human occupancy, including but not limited to churches, museums, gazebos, and garden pavilions". Other works Nevertheless, the United States freedom of panorama does not cover other artistic works still covered by copyright, including sculptures. Usages of images of such works for commercial purposes may become copyright infringements. One notable case of copyright infringement involving public artworks in the United States is Gaylord v. United States, No. 09-5044. This involved the United States Postal Service's use of an image of 14 out of 19 statues of soldiers in the Korean War Veterans Memorial for their commemorative stamp in the 50th anniversary of the Korean War armistice in 2003. USPS did not obtain permission from Frank Gaylord, sculptor of the artistic work called The Column, for their use of the image on their stamp, which cost 37 cents. Gaylord filed suit against USPS in 2006 for violation of his copyright over the artistic work. Included in the suit was former Marine John Alli, who was the photographer who produced the image of the sculpture. Eventually, an amicable settlement was reached with Alli when the photographer agreed to pay Gaylord a 10\% royalty for any subsequent sales of his image of the sculpture. In a 2008 decision of the Court of Federal Claims, it was determined that USPS did not infringe Gaylord's copyright as their use complies with fair use. Nevertheless the court determined that The Column is not covered by the Architectural Works Copyright Protection Act (AWCPA) as it is not an architectural work of art. The side of the sculptor appealed, and on February 25, 2010 the Federal Circuit reversed the earlier decision regarding fair use. The use of the image of The Column in the commemorative stamp by USPS cannot be considered as a fair use since it is not transformative in nature (the context and intended meaning in the stamp remained the same as that of the actual sculpture). The presence of the artistic work in the stamp is substantial, and this also fails fair use. The purpose of USPS over this use is considered commercial, because it earned $ 17 million from its sales of almost 48 million stamps bearing this image.
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