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;The Freedom to Photograph must be upheld – letters to The Times
;What would London look like without Freedom of Panorama? A letter to MEPs


[[File:Blacked_out_London-Eye-2009.JPG|thumb|right|250px|If we lose freedom of panorama, Wikipedia could lose images of iconic landmarks such as the London Eye.]]
''The letter below was sent to all UK MEPs on 2 July signed by Michael Maggs, Chair of Wikimedia UK''


Last week there were two letters to The Times newspaper on the issue of copyright reform and freedom of panorama. These were published on Friday 26 June. One was signed by Michael Maggs as Wikimedia UK Chair, the other was signed by several organisations supporting the protection of freedom of panorama. The letters are published below.
[[File:Tower Bridge view at dawn FOP.jpg|thumb|center|600px|<small>© User:Colin Wikimedia Commons CC BY-SA 4.0</small>]]


'''*****'''
<center><big><big>'''What would London look like without Freedom of Panorama?'''</big></big></center>


Sir, The freedom to take a photograph in a public place, and to do what like with your own image without having to seek permission from the building’s owner or other rights holder, has been a fundamental part of UK law for more than a century.
<center><big>'''Who would you need to seek permission from before photographing the skyline?'''</big></center>


It has been suggested that restricting “commercial use” would be acceptable, as that would affect only professional photographers and film makers, but that is not the case. Any private individual who uploads personal photographs to a social media website will be affected, as most sites require users to warrant that their uploads do not not infringe the intellectual property rights of any third party. Anybody using social media to share even private photographs that include a modern building or streetscape within the view will be at significant legal risk.
Dear MEP


Before this recent negative proposal, Julia Reda, MEP, had sought to persuade the European Parliament to retain existing freedom of panorama, and to extend it to those European countries that do not currently enjoy those rights. Her original proposal is to be applauded and should be restored.
I’m writing from Wikimedia UK, the leading UK charity dedicated to providing free knowledge for all and to supporting Wikipedia. I want to ask for your support in protecting the right of photographers and film makers to take pictures of buildings and sculptures in public spaces, and to do what they like with their own images without having to seek permission from any third party copyright owner. This is known as Freedom of Panorama, and it has been a fundamental freedom we in the UK have enjoyed for over a century – a freedom first enshrined in the 1911 Copyright Act.


Michael Maggs
Freedom of Panorama rights are enjoyed in the majority of EU states, but in a few such as France, Italy and Belgium photographers and film makers have to obtain third party copyright licences and pay fees before they can work in public areas. I want to bring to your attention an attempt by some of your fellow MEPs to harmonise European law to a French-style system of royalties on public spaces. These royalties create funding streams for certain local and regional copyright fee collection societies who are supporting this attempt.
Chairman, Wikimedia UK


'''*****'''
In her own-initiative report on copyright harmonisation, Julia Reda sensibly proposed harmonising full Freedom of Panorama across all EU states. Unfortunately, her proposal has been utterly subverted by M Cavada’s AM 421:


Sir, We agree that moves to restrict the freedom to photograph buildings and artworks in public places, currently permitted under section 62 of the Copyright Designs and Patents Act 1988, should give rise to the greatest concern (leader, June 24).
{{quote|16. Considers that the '''commercial''' use of photographs, video footage or other images of works which are permanently located in physical public places should '''always be subject to prior authorisation from the authors or any proxy acting for them'''}}


If such a measure is adopted in the future, most websites and most photographers would instantly become copyright infringers with any photo of any public space which features at least one structure designed by a person that is either alive, or died fewer than 70 years ago.
This amendment would be disastrous. Although its proponents argue that ordinary citizens are non-commercial and would not need to seek licences, that is incorrect. Many citizens use Facebook, Tumblr and other commercial social media sites, and uploads to such sites would put photographers at legal risk, even if no money changes hands.


The prohibition would dramatically affect the way we share knowledge, culture and current events, as well as our everyday lives. Tourists would not be able to promote our country with their photographs on commercial websites such as Facebook or Flickr; Wikipedia, which is designed to be free for any use, would not be able to describe our landmarks; and professional photographers would need to contact dozens of rightsholders for any photo they shoot in public spaces, spending more money on paperwork than they can possibly earn with the outcome. Even blogs which have advertising would be affected.
<span class="plainlinks">[https://blog.wikimedia.org.uk/2015/07/what-would-london-look-like-without-freedom-of-panorama-a-letter-to-meps/<nowiki>[</nowiki>Continues...<nowiki>]</nowiki>]</span>
 
We urge all UK MEPs to vote not to let the current paragraph 16 go through unamended during the vote in the plenary session in Strasbourg on July 9, and to defend our right to make and use photos of public spaces.
 
Paul Herrmann, chairman, British Photographic Council; Jeff Moore, chairman, British Press Photographers’ Association; Denise Swanson, British Institute of Professional Photographers; Jimmy Wales, founder, Wikipedia; Nigel Atherton, editor, Amateur Photographer; Stewart Gibson, Bureau of Freelance Photographers; Dominic Cooper, general secretary, Chartered Institute of Journalists; Alastair McCapra, chief executive, Chartered Institute of Public Relations; Jim Killock, executive director, Open Rights Group.
 
<span class="plainlinks">[https://blog.wikimedia.org.uk/2015/06/wikipedia-receives-spains-princess-of-asturias-award-for-international-cooperation/<nowiki>[</nowiki>Continues...<nowiki>]</nowiki>]</span>


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Revision as of 13:20, 3 July 2015

Cymraeg | English

Wikimedia UK

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