The law governing reproductions of copyrighted works of architecture and sculpture permanently located in public places. Major challenges and legal issues within the European context.

Within the global “virtual” space dominated by networks and information technologies, new digital products and distribution channels challenge the development of the so called digital market in the information society. Differences in the regime of exceptions from copyright rules in the Member States may have a negative impact on cross-border activities and hinder the smooth functioning of the European market for copyright and related rights. In particular, within the context of the EU initiative to reform and harmonise copyright in the digital era, the issue of so called “freedom of panorama” was recently brought to the attention of the European Parliament by a proposal which sought to exclude commercial exploitation by third parties from the optional derogatory regime in all member states. The proposal was rejected on 9 June 2015. As will be seen in this article, the issue of freedom of panorama in the information society is indicative of a more general trend affecting property rights vs. freedoms of constitutional significance. In this context, the legal status of images of objects has become an issue rich with implications which, as will be seen below, causes us to question the very content of the right of ownership. The debate on this topic reflects the economic significance that images have acquired as economic “assets” in the digital era.