The photographical reproduction of this work is covered under s. 32.2(1)(b) of the Copyright Act (Canada), which states:
32.2 (1) It is not an infringement of copyright...
(b) for any person to reproduce, in a painting, drawing, engraving, photograph or cinematographic work
(i) an architectural work, provided the copy is not in the nature of an architectural drawing or plan, or
(ii) a sculpture or work of artistic craftsmanship or a cast or model of a sculpture or work of artistic craftsmanship, that is permanently situated in a public place or building
This freedom does not apply to typical two-dimensional works such as paintings, murals, advertising hoardings, maps, posters, signs or other flat artworks. See COM:CRT/Canada#Freedom of panorama for more information.
This work might not be available under a free license in the United States because it is based on an artwork or sculpture that may be protected by copyright under U.S. law. (Commons is hosted in the United States and as such, U.S. law is applicable.)
In the source country of the artwork or sculpture, taking photographs of such works permanently located in a public place does not generally infringe on their copyright, under a principle known as "freedom of panorama".
In U.S. law, there is no freedom of panorama for artwork or sculptures, and under the choice-of-law principle lex loci protectionis, U.S. courts might apply U.S. freedom of panorama standards to this work, rather than the standards of the source country. However, in practice, it is unsettled whether and how this approach would be applied in real-world U.S. legal cases involving freedom of panorama elements.
The current policy on Commons is to accept photos of artwork and sculptures that are covered by freedom of panorama in their source country. This policy may change in the future, depending on the outcome of community discussions and new case law.
This is not a valid license tag on Commons; this file must be usable under freedom of panorama in its source country or it will be deleted.
to share – to copy, distribute and transmit the work
to remix – to adapt the work
Under the following conditions:
attribution – You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
share alike – If you remix, transform, or build upon the material, you must distribute your contributions under the same or compatible license as the original.
This depiction of a two- or three-dimensional artwork derived from a separate, non-free work (such as a character) is believed to be permitted under the copyright law of the country in which the photograph was taken, possibly with some restrictions, because the subject was permanently located in a public place. In Germany, this exception is known as Panoramafreiheit; a few other countries have similar exceptions which are referred to on Commons by the generic term "freedom of panorama" (FoP). Such depictions do not imply that other depictions are freely licensed.
Additionally, while this file is under a free license, re-use of this file may be subject to legal constraints, depending on jurisdiction and independent from its copyright status.
Before using this content, please ensure that you have the freedom to do so under the laws which apply in the circumstances of your intended use. You are solely responsible for ensuring that you do not infringe someone else's legal rights. Please refer to our general disclaimer for more information.
This tag does not indicate the copyright status of the attached work. A normal copyright tag is still required.See Commons:Licensing.
Important notes:
This tag should not be used for original public artwork or those derived from other freely-licensed works (such as the Christ the Redeemer statue in Rio de Janeiro).
This tag applies only to artwork that is actually allowed by FoP (see FoP list), except unlicensed derivative graffiti even in jurisdictions that otherwise grant commercial FoP to two-dimensional artistic works (DR1, DR2). Artwork not covered must be relicensed by the copyright holder(s) of both the artwork and the underlying non-free work, or the copyright holder(s) must explicitly authorize specific depictions to be freely-licensed. (Please use {{Free depiction}} in the latter case.)
This work includes material that may be protected as a trademark in some jurisdictions. If you want to use it, you have to ensure that you have the legal right to do so and that you do not infringe any trademark rights. See our general disclaimer. This tag does not indicate the copyright status of the attached work. A normal copyright tag is still required.See Commons:Licensing.
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