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.

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.

Letizia Casertano
2017-01-01

Abstract

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.
2017
The law of new technologies in the international dimension
9783868451498
The law of new technologies in the international dimension
Zielona Góra, Poland
19-20 Ottobre, 2016
File in questo prodotto:
File Dimensione Formato  
Freedom_of_panorama_L_Casertano_def.pdf

non disponibili

Tipologia: Documento in Pre-print
Licenza: DRM non definito
Dimensione 646.39 kB
Formato Adobe PDF
646.39 kB Adobe PDF   Visualizza/Apri   Richiedi una copia

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11383/2069942
Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus ND
  • ???jsp.display-item.citation.isi??? ND
social impact