Commons talk:Freedom of panorama

‎Where in the Belgium legislation does it restrict photographs of buildings: inferring rights from a treaty when it is not in legislation
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Revision as of 05:13, 22 March 2013
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None of those copyright in general areas go near buildings. If we are going to try and uphold and point to a restricting legislative process, then we need to be able to clearly show the section of the legislation that we would breach, and here we have not. Someone clearly needs to demonstrate how the Belgium copyright laws impact Freedom of Panorama, at this stage we have done a pretty poor interpretative approach. Again, is there case law to which we can point?  — [[user:billinghurst|billinghurst]] ''[[user talk:billinghurst|sDrewth]]'' 03:50, 22 March 2013 (UTC)
 
None of those copyright in general areas go near buildings. If we are going to try and uphold and point to a restricting legislative process, then we need to be able to clearly show the section of the legislation that we would breach, and here we have not. Someone clearly needs to demonstrate how the Belgium copyright laws impact Freedom of Panorama, at this stage we have done a pretty poor interpretative approach. Again, is there case law to which we can point?  — [[user:billinghurst|billinghurst]] ''[[user talk:billinghurst|sDrewth]]'' 03:50, 22 March 2013 (UTC)
 
:Belgium is a member of the Berne convention. The Berne convention, in its article 2, paragraph (1), provides that the expression "''literary and artistic works''" includes works of architecture (and also a lot of other stuff). A case could be made that the expression "''literary or artistic work''" in the Belgian law should be interpreted in the light of the Berne convention. Thus, a work of architecture would be a "''literary or artistic work''" (more artistic than literary, I suppose) for the scope of section 1 of the Belgian law, although it is not a "''literary work''" for the scope or section 2 and it is not a "''work of fine art''" for the scope of section 3 of the law. In short, "artistic work" is broader than "work of fine art". And "works of architecture" are included in "artistic works" but not in "works of fine arts". -- [[User:Asclepias|Asclepias]] ([[User talk:Asclepias|talk]]) 04:42, 22 March 2013 (UTC)
 
:Belgium is a member of the Berne convention. The Berne convention, in its article 2, paragraph (1), provides that the expression "''literary and artistic works''" includes works of architecture (and also a lot of other stuff). A case could be made that the expression "''literary or artistic work''" in the Belgian law should be interpreted in the light of the Berne convention. Thus, a work of architecture would be a "''literary or artistic work''" (more artistic than literary, I suppose) for the scope of section 1 of the Belgian law, although it is not a "''literary work''" for the scope or section 2 and it is not a "''work of fine art''" for the scope of section 3 of the law. In short, "artistic work" is broader than "work of fine art". And "works of architecture" are included in "artistic works" but not in "works of fine arts". -- [[User:Asclepias|Asclepias]] ([[User talk:Asclepias|talk]]) 04:42, 22 March 2013 (UTC)
 
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::Yes, and that gives them rights to their work, but a picture of a building (2-D image of one facet of 3-D construct) is not a copy of a work of architecture, and especially not all buildings are a work of architecture. Many countries signed the Berne convention and do not apply provisions in that sense, so someone is drawing a long bow to say that it specifically should be inferred that way when it is not covered in the legislation. We are not legals, nor international treaty experts, so we should interpret law as it is written, not some inference. Is there a significant legal opinion that supports FoP for Belgium, or is there direct or indirect case law that would do so? The legislation itself has provisions within it for special cases, and one would expect that freedom of panorama would have been equally treated.  — [[user:billinghurst|billinghurst]] ''[[user talk:billinghurst|sDrewth]]'' 05:13, 22 March 2013 (UTC)
 

 

 
== Morocco ==
 
== Morocco ==

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