Intellectual Property Law
New Matter WINTER 2016, Volume 41, Number 4
Content
- Contents
- 2017 New Matter Author Submission Guidelines
- Intellectual Property Section Executive Committee 2016-2017
- Copyright Commentary
- The Mogol v. Battisti Copyright Case
- Letter from the Chair
- The State Bar of California Intellectual Property Alumni
- Federal Circuit Report
- Ttab Decisions and Developments
- Online Cle For Participatory Credit
- A New Federal Action Transforms Trade Secrets Litigation
- International Ip Developments
- Letter from the Editor-in-Chief
- Ip and Art: An International Perspective
- MCLE Self-Study Article
- Case Comments
- The Licensing Corner
- Intellectual Property Section Interest Group Representatives 2016-2017
IP and Art: An International Perspective
CRISTINA MANASSE Manasse Studio Legale, Milan
FREEDOM OF PANORAMA: A LIVELY DEBATE IN THE EUROPEAN UNION
YOUR CLIENT WANTS TO USE PHOTOS OR VIDEOS of the Pyramid at the Louvre, the "Atomium" in Belgium or even the lightshow of the Eiffel Tower. Be careful: Using photos or videos of these and other iconic European architectural and other cultural symbols could result in a copyright infringement claim.1
In simple terms, under European law, "public art" is subject to copyright protection, unless a European Union member state has adopted an exception – which then means that copyright protection for such works under that country’s laws might not be as extensive as protection for other works. Therein lies a conflict between what is perceived to be authors’ rights and the rights of users of images of such public art and, at a more political level, a conflict between harmonizing all laws across the EU and giving member states more freedom with their own laws.