Freedom of panorama in the EU : main features and hidden sides

Abstract

The rule of freedom of panorama only applies to works permanently placed in public places. The concepts of a public place and the permanent location of work in such a place are usually not clearly defined in the legislation of the EU Member States which gives rise to disputes about the framework of permissible behaviour of the users. In addition, there are several issues that the legislation is silent about, while the courts have to determine whether the creation of the image of the work falls under the characteristics of freedom of panorama. Do the persons who create the image also have to be in a public place; do they have the right to use any additional equipment that allows seeing the work other than standing on the ground; do they have the right to make any changes to the image of the work? This article explores the meaning of public space and the relationship between the permanent and temporary location of work in a public place. This article also considers the hidden sides of freedom of panorama and suggests ways to improve its legal regulation in order to make its exercise less controversial and more efficient.