Hello.

"particuliers" means "individual" and excludes organization from the law, so that I guess that, even with if they agreed to switch the term of the free license to non-commercial, the Wikimedia projects are unlikely to benefit from it (in the French IP law, they are considered as "collective work").

Besides, even if the term may seem more prestigious "œuvres" are strictly the same as "work" and that applies to everything that can claim IP protection.

PCL

Le 28/04/16 13:01, Raul Veede a écrit :
Doesn't this also mean there would be more pressure in fixing the NC FoP as the harmonised minimum across EU?

I'm not sure what would be the exact meaning of "particuliers". A legal comment, anyone?

Also, what is the actual extent of "œuvres" - buildings, sculptures, street art, information graphics...?

Raul

On Thu, Apr 28, 2016 at 1:57 PM, Dimitar Parvanov Dimitrov <dimitar.parvanov.dimitrov@gmail.com> wrote:
Hello, everybody!

The Senate in Paris just agreed to pass a new exception into French copyright law. They agreed on the importance of Freedom of Panorama, but only for non-commercial purposes. The text reads "œuvres en permanence sur la voie publique réalisées par des particuliers à des fins non lucratives". A large part of the discussion was revolving around the question whether "voie publique" and "particuliers" and "non lucrative" are terms that provide sufficient legal security.

As in Brussels, in Paris it was the visual artists (ADAGP) and Wikimedia that ran the campaign. The three French architects associations remained surprinsingly quiet. One major change is the official position of the French government. Initially they were against any new copyright exception. Now Minister Lemaire confirmed that the French government had changed its position and regards the FoP exception favourably in its NC version.

Well, it is not the ultimate win, but  we managed to establish an new copyright exception in France, which is huge. Thanks to Myriam, Nathalie, Samuel and everyone else at Wikimédia France for running such an efficient and well coordinated campaign.

The game in Brussels has greatly changed with this, as the main opposing force was indeed the French government. A possible European solution could now be to stablish a harmonised minimum FoP while allowing Member States to go further. An interesting question for us would be if this FoP baseline could get rid of the antiquity laws. 

Cheers,
Dimi

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