Freedom of panorama: what is it? Is it necessary to consolidate the regulation of freedom of panorama in Ukraine?

Civil law
Dyedov Yevheniy
18.06.2021
Law Services - Freedom of panorama: what is it? Is it necessary to consolidate the regulation of freedom of panorama in Ukraine?

      Did you know that taking photos in public places on the background of buildings, paintings or sculptures, and then posting photos on social networks can break the law?😱

Yes, do not be surprised, because in Ukraine there is still no legal regulation of freedom of panorama🤷🏻‍♂️

      🤔And what is the freedom of panorama?🤔

🗽freedom of panorama – it is an opportunity to freely photograph, videotape works of architecture, sculpture, art, etc. that are in a public place and publish such photos or videos without requiring the consent of the author (architect or sculptor) and without paying him royalties. 

At first glance, this problem seems a bit strange and unobvious, but in Ukraine there are already court precedents when for the use of the image of a street sculpture on the cover of the book, the infringer was compensated for copyright infringement..

      The Law of Ukraine “On Copyright and Related Rights” provides an exclusive opportunity to use works without the consent of the author, but with its mandatory indication only in the case:
🎯reproduction to cover current events by means of photography or cinematography;
🎯public announcement or other public announcement of works seen or heard during such events.
❗️And only to the extent justified by the informational purpose❗️

Permission is also not required if the work has become public domain.

    That is, today the publication of photos or videos of most buildings / sculptures of the Soviet times requires the consent of the author, such as the building of the Verkhovna Rada of Ukraine (which will become public only in 2033).

🎯And in accordance with current legislation, it is necessary to shade those objects in photos and videos that are protected by copyright.

However, the issue of freedom of panorama in Ukraine remains unresolved🤷🏻‍♂️

Administrative Law
Administrative Law
Мирошниченко Анастасія
22.07.2021