Commons talk:Freedom of panorama

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Info non-talk.svg This page is for discussing improvements to Commons:Freedom of panorama. For discussions of specific copyright questions, please go to Commons:Village pump/Copyright. Discussions that do not relate to changes to the page Commons:Freedom of panorama may be moved, with participants notified with the template {{subst:moved to VPC|FOP}}.
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Bosnia & Herzegovina[edit]

The Law on Copyright and Related rights has been misquoted. Article 52 actually states:

Article 52 (Works Permanently Located in Public Places) (1) The free use of the works permanently located in squares, parks, streets or other places accessible by the public shall be permitted. (2) The works referred to in paragraph (1) of this Article shall not be reproduced in three-dimensional form, used for the same purpose as the original work or used for gaining economic advantage. (3) In the case of the use referred to in paragraph (1) of this Article, the source and authorship must be indicated if they are indicated on the work used.

It is fine to reproduce public buildings and monuments in photographic form. Could the Freedom of Panorama guidelines be updated to reflect this?

That was a summary and not a quote. I think the summary was correct, and I'll attempt to explain the logic. Article 52(1) permits reproduction of works on permanent public display. Article 52(2) then places three limits on the the reproductions authorized by Article 52(1). The first limit is that no 3D reproductions are authorized by 52(1). For example, you can't make tiny souvenir copies of public statues without the permission of the copyright owner. The second limit is that any reproduction authorized by 52(1) must be transformative. For example, you can't make a full-scale copy and use it identically to the original work. The third limit is that the reproductions authorized by 52(1) can only be used non-commercially. For example, you can't sell postcards of a public work of art without the permission of the copyright owner. You are, however, permitted to take photos of public art and distribute copies free of charge to all your friends. Since the copies are limited to non-commercial purposes, they cannot be licensed under a license compatible with Commons. —RP88 (talk) 19:44, 21 June 2014 (UTC)
For reference, this issue was discussed once before and can be found in the discussion archives at Commons talk:Freedom of panorama/Archive 13#Bosnia and Herzegovina - misinterpretation of the law. —RP88 (talk) 19:55, 21 June 2014 (UTC)

Thanks for the clarification. I will check this with a lawyer in the BiH governmental system (National) for clarification. As this is a National Monument, a clarification from the Commission to Preserve National Monuments as to the legality of distribution of images of this monument (and others of the same level of protection) would be acceptible for Wikipedia, would it not?

I'm not sure what monuments you are talking about, but yes, Commons will indeed accept your photos of copyrighted statutes, buildings, or other works if the copyright owner of the work depicted in your photo gives you permission to license your photo under a Commons compatible license like {{cc-by-4.0}}. See Commons:OTRS for suggestions about how to ask for permission and what to do after you get it. However, if the monument's copyright has expired you don't need anyone's permission to photograph and you're free to upload your photo to Commons. Feel free to ask at Commons:Village Pump/Copyright if you'd like assistance determining the copyright status of a monument. —RP88 (talk) 04:14, 22 June 2014 (UTC)