共享资源:全景自由/大洋洲

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This page is a translated version of a page Commons:Freedom of panorama/Oceania and the translation is 100% complete. Changes to the translation template, respectively the source language can be submitted through Commons:Freedom of panorama/Oceania and have to be approved by a translation administrator.
全景自由
非洲美洲亚洲欧洲大洋洲Others

此页面提供了大洋洲不同国家或地区的全景规则自由概述。它是从各个页面部分嵌入的,给出了每个地区的规则。

大洋洲国家

文本嵌入自
COM:FOP Australia

澳大利亚

全景自由在《澳大利亚版权法》第65-68条中进行了处理,并以英国法律为基础。

艺术作品是根据1968年版权法第10条定义的,这意味着

(a) 绘画、雕塑、素描、版画或照片,无论该作品是否具有艺术品质;
(b) 建筑物或建筑物模型,无论该建筑物或模型是否具有艺术品质; 或者
(c) 艺术工艺作品,无论 (a) 或 (b) 段是否提及;

主要的问题在于什么是“艺术工艺作品”,成文法没有明确定义,但在Burge v Swarbrick的判例法中定义了被[1]高等法院裁定,一件作品是否具有这种品质取决于它是否是一种工艺作品,其艺术表现形式足以不受功能考虑的约束。

在澳大利亚联邦法律评论中,贾斯汀·皮拉 (Justine Pila) 根据高等法院在伯吉斯案中的裁决写了一篇文章:

:“我认为对艺术质量的要求只是对艺术工艺作品不是想像的、不真实的或明显的的要求……正如这些案例所反映的那样,即使是从历史角度来看,WAC也不是特殊的作品,而是相当“典型”的作品,与上述正统观点相反。它们也具有功能性这一事实并没有减少他们对艺术品质的需求”。[2]

此外,她指出:

:“艺术工艺作品的构成要素与其他作品的构成要素相同——它们的形式属性和它们各自制作的历史。”[2]

Several users claim that this implies two-dimensional flat arts like paintings and street art are considered as "works of artistic craftsmanship" in Australia, but others doubt about this interpretation and it has not been completely accepted by Wikimedia Commons community. Moreover, according to an information sheet of the Australian Copyright Council concerning street art (dated November 2019), the exception provided by Section 65 "applies only to sculptures and works of artistic craftsmanship, not to other artistic works such as murals and graffiti. Therefore, the copyright in a mural or graffiti may be infringed by taking a photograph of it." It adds that licensing permission from the copyright holder is needed, for uses of Australian street art "to feature on a website; to photograph, particularly for commercial purposes (e.g. to sell as postcards or prints); to use as the location of a film shoot; or to publish in a book or magazine."[3]

 Not OK. According to the Copyright and Neighbouring Rights Act 2000, freedom of panorama only covers uses for personal, educational (teaching), archival, and news reporting purposes.[2000 Sec.8–13]

文本嵌入自
COM:FOP Fiji

斐济

可以 for buildings, sculptures and works of artistic craftsmanship. Under the Copyright Act, 1999,

  • This section applies to (a) buildings; and (b) works (being sculptures, models for buildings, or works of artistic craftsmanship) that are permanently situated in a public place or in premises open to the public.[1999 Section 67(1)]
  • Copyright in a work to which this section applies is not infringed by (a) copying the work by making a graphic work representing it; (b) copying the work by making a photograph or audiovisual work of it; or (c) broadcasting, or including in a cable programme, a visual image of the work.[1999 Section 67(2)]
  • Copyright is not infringed by the issue to the public of copies, or the broadcasting or communication to the public or inclusion in a cable programme, of anything the making of which was, under this section, not an infringement of copyright.[1999 Section 67(3)]

 不可以: Under the Copyright Act 2018, effective 5 November 2018, Division 2 - Exceptions to copyright infringement, there is no exemption for copies of works situated in public places.

Under the former Copyright Act 1956 of England,

  • The copyright in a work which is permanently situated 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 the inclusion of the work in a cinematography film or in a television broadcast.[1956 Sec.9(3)]
  • The copyright in a work of architecture is not infringed by the making of a painting, drawing, engraving or photograph of the work, or the inclusion of the work in a cinematography film or in a television broadcast.[1956 Sec.9(4)]

可以 on a high level, probably  不可以 if reproducted as audiovisual works [citation needed?]. The only "copyright protections" provided by the Unauthorized Copies of Recorded Materials Act, 1991 does not extend to any architectural or artistic works, or other type of permanently placed works, so any photograph reproductions of them are just considered acceptable, just use {{PD-Marshall Islands}} if and when appropriate.

 不可以 for art published with a copyright notice, OK for art published without a copyright notice.

Although the listed exceptions in the 2003 law (from § 107. to § 109) do not include a provision resembling freedom of panorama, a copyright notice is required according to § 115 of the law, which is mostly copied from § 401 of the Copyright Act of 1976. Like the Copyright Act of 1976, the requirement of the date of publication is exempt for pictorial, graphic, and sculptural works.

OK for buildings. Sec. 102 lists "pictorial, graphic, and sculptural works" as objects of copyright, but not architecture. It is defined in Sec. 101 as including "two-dimensional and three-dimensional works of fine, graphic, and applied art, photographs, prints and art reproductions, maps, globes, charts, technical drawings, diagrams, and models."

文本嵌入自
COM:FOP Nauru

瑙鲁

 不可以: The 2019 Copyright Act repealed the Copyright Act 1956 of England. The repealed 1956 law provided freedom of panorama for works of architecture and artistic works in public spaces.[1956 Sec.9(3 and 4)]

None of the exceptions or limitations to copyright in the current law contain such freedom of panorama provision.[2019 Sec.27–40]

文本嵌入自
COM:FOP Palau

帕劳

 不可以第7至13节中列出的版权例外或限制不包括允许对位于公共场所的建筑或艺术作品的图像进行商业利用的规定。

文本嵌入自
COM:FOP Samoa

萨摩亚

 不可以. Only incidental copying is allowed. According to the Copyright Act 1998 (as consolidated in 2011),

  • The copyright in a work is not infringed by its incidental inclusion in an artistic work, a sound recording, an audio-visual work or a broadcast or by the publication, playing, performance or other use of the work.[1998–2011 Sec.8c]

可以 for buildings, sculptures, and works of artistic craftsmanship;  不可以 for other types of artistic works (like paintings or photographs). {{FoP-Solomon Islands}}. Under the Copyright Act [Cap 138]:

  • The copyright in– (a) any sculpture; or (b) any work of artistic craftsmanship of the kind described in the definition of "artistic work" in subsection (1) of section 2, which is permanently situated 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 the inclusion of the work in a cinematograph film or in a television broadcast.[138/1987–1996 Section 7]
  • The copyright in a work of architecture is not infringed by the making of a painting, drawing, engraving or photograph of the work, or the inclusion of the work in a cinematograph film or in a television broadcast.[138/1987–1996 Section 8]
De minimis inclusion of other types of artistic works only on audio-visual media
  • Without prejudice to the provisions of subsections (7) and (8), the copyright in an artistic work is not infringed by the inclusion of the work in a cinematograph film or in a television broadcast, if that inclusion is only by way of background or is otherwise only incidental to the principal matters represented in the film or broadcast.[138/1987–1996 Section 9]
Publication of images resulting from the aforementioned actions
  • The copyright in an artistic work is not infringed by the publication of a painting, drawing, engraving, photograph or cinematograph film, if by virtue of subsections (7) or (8) or (9) the making of that painting, drawing, engraving, photograph or film did not constitute an infringement of the copyright.[138/1987–1996 Section 10]

文本嵌入自
COM:FOP Tonga

东加

 不可以 for private, personal use of reproductions only. The Copyright Act (Act No. 12 of 2002) does not provide a freedom of panorama provision for images of architecture and public art.

  • Notwithstanding the provisions of section 6(1)(a), and subject to the provisions of subsection (2), the private reproduction of a published work in a single copy shall be permitted without the authorisation of the author or owner of copyright, where the reproduction is made by a person exclusively for his own personal purposes.[2002 Sec.8(1)]

For works of architecture, this permission does not extend to the reproduction "of a work of architecture in the form of building or other construction."[2002 Sec.8(2)] There is no specific provision in the copyright law allowing the free uses of images of such works.

文本嵌入自
COM:FOP Tuvalu

图瓦卢

可以:根据英国1956年版权法,

  • 永久位于公共场所或向公众开放的场所的作品的版权不受作品的绘画、素描、雕刻或照片的制作,或将作品包含在电影或电视广播。[1956 Sec.9(3)]
  • 建筑作品的版权不因作品的绘画、素描、雕刻或照片的制作,或将作品包含在电影或电视广播中而受到侵犯。[1956 Sec. 9(4)]

 不可以 "Part 3 - Acts Not Constituting Infringment of Copyright" (sections 10 to 18) does not include a provision that allows commercial uses of images of architectural or artistic works situated in public places.

OK for 3D works {{FoP-New Zealand}}
OK for 2D "works of artistic craftsmanship" {{FoP-New Zealand}}
 Not OK for 2D "graphic works". For image files such works, please file deletion requests and tag the resulting case pages with <noinclude>[[Category:New Zealand FOP cases/pending]]</noinclude>.

Under the Copyright Act 1994 as of December 2018, Section 73,

  • This section applies to the following works: (a) buildings (b) works (being sculptures, models for buildings, or works of artistic craftsmanship) that are permanently situated in a public place or in premises open to the public.[1994-2018 Sec.73(1)]
  • Copyright in a work to which this section applies is not infringed by (a) copying the work by making a graphic work representing it; or (b) copying the work by making a photograph or film of it; or (c) communicating to the public a visual image of the work.[1994-2018 Sec.73(21)]
  • Copyright is not infringed by the issue to the public of copies, or the communication to the public, of anything the making of which was, under this section, not an infringement of copyright.[1994-2018 Sec.73(3)]

Copyright legislation in New Zealand also follows that of the United Kingdom. In the absence of any specific case law to the contrary it is reasonable to assume that the rules will be identical. See 共享资源:各地著作权法规/英国 for more details.

Real life New Zealander FOP cases

Murals by Xoë Hall

其他地区

参见: 共享资源:各地著作权法规/美国#FOP

参见: 共享资源:各地著作权法规/法国#FOP

文本嵌入自
COM:FOP Guam

关岛

参见: 共享资源:各地著作权法规/美国#FOP

参见: 共享资源:各地著作权法规/澳大利亚#FOP

参见: 共享资源:各地著作权法规/法国#FOP

 不可以 2013 年法律中没有关于全景自由的规定。

The 1962 law broadly followed the Copyright Act 1956 (UK), which did allow Freedom of Panorama. The 2013 law applies to any works whose copyright had not expired when it came into effect.[8/2013 Sec.53]

可能类似于COM:FOP US

The absence of copyright law applying to the territory means that photos that would be affected by freedom of panorama could be uploaded. However, as the copyright of any American Samoan architect living in the United States would be protected according to US federal law, realistically such photos would be protected similarly to American FOP.

文本嵌入自
COM:FOP Niue

纽埃

可以 For a work of architecture and for a work of sculpture, artistic craftsmanship or mural if permanently located in (or visible from) a public place.


 不可以 用于绘画、素描、雕刻或照片

Under the 1962 Act, Section 20. General exceptions from protection of artistic works:

(4) The copyright in a work of architecture is not infringed by the making of a painting, drawing, engraving, or photograph of the work or any part thereof, or the inclusion of the work or any part thereof in a cinematograph film or television broadcast.
(5) The copyright in a sculpture, or in a work of artistic craftsmanship (not being a work of architecture and not being a painting, drawing, engraving, or photograph), or in a mural, is not infringed by the making of a painting, drawing, engraving, or photograph of the work or the inclusion of the work in a cinematograph film or television broadcast if the work is permanently situated in or in view of a public place within the meaning of the Police Offences Act 1927 or in any premises open to the public.
(6) The copyright in an artistic work is not infringed by the publication of a painting, drawing, engraving, photograph, or cinematograph film, if by virtue of subsection (3), subsection (4) or subsection (5) of this section, the making of that painting, drawing, engraving, photograph, or film did not constitute an infringement of the copyright.

参见: 共享资源:各地著作权法规/澳大利亚#FOP

参见: 共享资源:各地著作权法规/法国#FOP

文本嵌入自
COM:FOP Tokelau

托克劳

参见: 共享资源:各地著作权法规/新西兰#FOP

参见: 共享资源:各地著作权法规/美国#FOP

参见: 共享资源:各地著作权法规/法国#FOP

参见: 共享资源:各地著作权法规/英国#FOP

部分

参见: 共享资源:各地著作权法规/法国#FOP

参见: 共享资源:各地著作权法规/法国#FOP

 不可以 ({{NoFoP-Indonesia}}),教育目的和非商业用途除外。但是,尚未确定2014年版权法有任何明确规定使全景自由不存在。

印度尼西亚知识共享组织在2018年11月关于印度尼西亚全景自由地位的声明中维持了这一立场。[4]

Several users and contributors have claimed that freedom of panorama exists by virtue of Article 43(d). However, the 2018 statement of Creative Commons Indonesia asserts that this is a restrictive provision, in which every image showing copyrighted architecture and public art must bear a statement claiming that the use is not for profit. Otherwise, direct permission from the creator or copyright holder is totally required when the use involves commercial interest, to avoid acts of copyright infringement.[4] The provision in question:

  • The production and distribution of the copyrighted content through information technology and communication media that are not commercial and/or lucrative for the Author or related parties, or the Author expresses no objection to the manufacture and dissemination in question.[28/2014 Article 43(d)]

It should be noted that Commons:Licensing forbids fair use and non-commercial licensing, as these types of licenses prevent files from "being used by anyone, anytime, for any purpose."

整个2020-21年,关于全景自由在印度尼西亚的地位的广泛讨论可以找到这里这里

参见: 共享资源:各地著作权法规/美国#FOP

Territory Status
Akrotiri and Dhekelia 可以: 参Commons:Copyright rules by territory/Cyprus#Freedom of panorama
Anguilla  不可以
Bermuda 可以适用于3D+艺术工艺作品; 不可以适用于2D作品。类似于Commons:Copyright rules by territory/United Kingdom#Freedom of panorama
British Indian Ocean Territory 可以适用于3D+艺术工艺作品; 不可以适用于2D作品。类似于Commons:Copyright rules by territory/United Kingdom#Freedom of panorama
British Virgin Islands 可以适用于3D+艺术工艺作品; 不可以适用于2D作品。类似于Commons:Copyright rules by territory/United Kingdom#Freedom of panorama
Cayman Islands 可以适用于3D+艺术工艺作品; 不可以适用于2D作品。类似于Commons:Copyright rules by territory/United Kingdom#Freedom of panorama
Falkland Islands 可以适用于3D+艺术工艺作品; 不可以适用于2D作品。类似于Commons:Copyright rules by territory/United Kingdom#Freedom of panorama
Gibraltar 可以适用于3D+艺术工艺作品; 不可以适用于2D作品。类似于Commons:Copyright rules by territory/United Kingdom#Freedom of panorama
Montserrat 可以适用于3D+艺术工艺作品; 不可以适用于2D作品。类似于Commons:Copyright rules by territory/United Kingdom#Freedom of panorama
Pitcairn Islands 可以适用于3D+艺术工艺作品; 不可以适用于2D作品。类似于Commons:Copyright rules by territory/United Kingdom#Freedom of panorama
Saint Helena, Ascension and Tristan da Cunha 可以 for 3D + works of artistic craftsmanship;  不可以 for 2D. Similar to Commons:Copyright rules by territory/United Kingdom#Freedom of panorama.
South Georgia and the South Sandwich Islands 可以适用于3D+艺术工艺作品; 不可以适用于2D作品。类似于Commons:Copyright rules by territory/United Kingdom#Freedom of panorama
Turks and Caicos Islands 可以适用于3D+艺术工艺作品; 不可以适用于2D作品。类似于Commons:Copyright rules by territory/United Kingdom#Freedom of panorama

全景自由
非洲美洲亚洲欧洲大洋洲Others
Some citation text may not have been transcluded
  1. (2007) 232 CLR 336 ('Burge')
  2. a b Pila, Justine (2008). "Works of Artistic Craftsmanship in the High Court of Australia: the exception as paradigm copyright Work". Federal Law Review 36 (3): 363–379. DOI:10.22145/flr.36.3.4. ISSN 0067205X.
  3. Street Art & Copyright. Australian Copyright Council.
  4. a b Cite error: Invalid <ref> tag; no text was provided for refs named CCIDNFoP