Copyright exceptions and limitations on freedom of panorama in Ukraine and in the world

• Published in: Theory and Practice of Intellectual Property Vol. 1; no. 1; pp. 13 - 21
• Main Author: Naumko, Maksym
• Format: Journal Article
• Language: English
• Published: Intellectual Property Scientific Research Institute of the National Academy of Legal Sciences of Ukraine 18.03.2025
• Subjects: copyright; exceptions and limitations; free use; freedom of panorama
• ISSN: 2308-0361; 2519-2744
• DOI: 10.33731/12025.324973

The article examines copyright exceptions and limitations related to freedom of panorama in the legislation of nearly all countries worldwide. The analysis of legal provisions reveals various approaches to regulating this exception, considering factors such as the types of works subject to freedom of panorama; nature of permitted use under freedom of panorama; possibility of using works under freedom of panorama for commercial purposes, etc.The study highlights that incorporating freedom of panorama provisions in national copyright laws is a widespread trend. In most jurisdictions, these provisions do not restrict commercial use. This tendency is particularly evident in the European Union, broader Europe, and the Americas. In contrast, some countries in Asia, Africa, and Oceania either lack such provisions or limit them to non-commercial purposes, though this is not the prevailing approach.Considering these global and regional patterns, the article analyzes Ukraine’s new Law ’’On Copyright and Related Rights’’, particularly its provision on freedom of panorama. The author critically assesses the legislator’s choice of the phrase «making a graphic work representing the work» as the basis for this exception. This formulation is primarily found in legal systems based on English law but is increasingly rare in continental Europe.Additionally, the study questions whether limiting freedom of panorama to cases that ’’do not have an independent economic meaning’’ aligns with international and European Union practices. The article argues that the Ukrainian copyright law would benefit from amendments. Removing the restriction on uses with an independent economic meaning or replacing it with a more common limitation on commercial use would align national legislation with global standards. Such a revision would improve legal certainty and facilitate the practical application of the freedom of panorama exception. By aligning its legal framework with international approaches, Ukraine could ensuremore predictable regulation, prevent unnecessary restrictions, and support the lawful use of protected works in public spaces. The study concludes that adapting the legislation in line with global and European practices would enhance access to creative content while balancing the interests of rightsholders and the public.