Freedom of Panorama – the right to freely capture and share images of public spaces – is a privilege that many take for granted. This right allows individuals to photograph buildings, sculptures, and other public artworks without worrying about copyright implications. Globally, the freedom of panorama is recognised as a valuable aspect of copyright law, promoting creativity, tourism, and public engagement with art and culture. However, recent amendments to the Copyright Act have restricted this freedom in Nigeria, sparking a debate on the value of panorama rights. This post examines the current state of freedom of panorama in Nigeria, its importance, and why restoring this right is crucial.
What is Freedom of Panorama?
Freedom of panorama allows people to take and share images of artworks or architectural works permanently installed in public spaces. This means that anyone can capture a photograph of a public monument, sculpture, or building and use that image without obtaining permission from the work’s creator. Freedom of panorama is particularly essential for photographers, tourists, and digital content creators, as it enables them to capture and disseminate the cultural landscape of a region freely.
Freedom of Panorama in Nigeria
Until recently, Nigeria upheld the principle of freedom of panorama, giving citizens and visitors the freedom to photograph and share images of public spaces, including artworks and architectural works. However, the recent 2022 amendment to the Nigerian Copyright Act revoked this right, meaning that any image or video of a copyrighted artwork or structure in a public place now requires permission from the artist or copyright holder. The 2022 Copyright Act established a very limited FOP exception, applying only to audiovisual media restricting photographs of public buildings and permanently displaying public art for private, non-commercial, or educational purposes. This narrow definition excludes commercial uses of public imagery, which Nigeria could leverage for tourism, digital media, and cultural promotion. The requirement limits opportunities for Nigerian creators and businesses to economically benefit from the nation’s public spaces, as commercial uses remain prohibited unless permissions are sought from the copyright holders, posing bureaucratic and logistical challenges.
This change creates significant obstacles for content creators, artists, and anyone who wants to document Nigeria’s public spaces, monuments, or architecture. The restriction impacts the way Nigerian culture is represented online, in the media, and on digital platforms like Wikipedia, where images of public works play a vital role in documenting cultural heritage.
The Global Status of Freedom of Panorama
Globally, freedom of panorama policies vary widely. Freedom of Panorama (FOP) laws vary widely across the world. Generally, countries either allow full FOP or restrict it, often depending on whether the use is commercial or non-commercial. Here’s a breakdown:
- Countries with Broad FOP Rights: Countries like the United States, the United Kingdom, Germany, and Switzerland permit broad FOP, allowing citizens to photograph and share images of public art and buildings without major restrictions, even for commercial use.
- Countries with Limited or No FOP: On the other hand, countries like France, Belgium, Greece, and Italy impose stricter limitations or have no panorama exception at all, making public photos potentially infringing unless done for non-commercial purposes.
The implementation of Freedom of Panorama (FOP) laws varies globally due to differing priorities among nations, such as balancing creators’ rights with public access. Many governments restrict FOP to ensure that artists, architects, and designers are compensated or credited for the commercial use of their works. While this protects intellectual property, it can significantly limit public access to cultural heritage and reduce the ability of societies to represent their history through shared platforms like Wikipedia. For instance, restrictive policies often hinder public engagement with architectural landmarks and public artworks, effectively diminishing their visibility on global and digital platforms. Economic considerations further drive restrictions on FOP. Governments may see licensing fees as a way to benefit copyright holders, but this approach risks discouraging tourism and stifling creative industries that rely on public imagery. Furthermore, legal complexities arise when determining what qualifies as fair use or public domain, especially in jurisdictions like Nigeria, where public art and buildings are classified as copyright-protected works. Advocates for broader FOP argue that such policies enhance education, cultural preservation, and digital inclusion, making a compelling case for policies that align creators’ rights with the broader public interest.
Nigeria’s recent restrictions on freedom of panorama place it in the company of countries with more restrictive copyright policies. This move runs counter to the global trend of broadening public access to cultural heritage through open sharing practices, especially as many countries are moving toward expanding, rather than restricting, panorama rights.
Restrictions in Nigeria’s 2022 Copyright Act
Under the 2022 Nigerian Copyright Act, anyone who wants to capture and share images of public art, statues, or buildings must seek permission from the copyright holder – usually the original sculptor, architect, or their estate with Section 20(1)(e) of the copyright act limiting the Freedom of Panorama to audiovisual works or broadcasts, meaning that photographs or other forms of documentation of such public works still fall under copyright restrictions unless explicitly licensed by the rights holder. This requirement creates several issues:
- Difficulty in Contacting Artists: Many artists or their estates are difficult to reach, and tracking down copyright holders can be time-consuming and costly.
- Time Frame for Public Domain Entry: Works do not enter the public domain until 70 years after the creator’s death, meaning that recent or contemporary works in public spaces are often out of reach for decades. In some cases it’s difficult to establish the date the work was created, adding another layer in determining the status of a particular building, sculpture or artwork.
- Unknown or Uncredited Artists: In some cases, the artist of a particular public work is unknown or difficult to identify. This could lead to widespread censorship of public spaces if permission can’t be obtained.
- Bureaucratic Challenges: The need for permissions may deter individuals from photographing public spaces altogether due to the time and expense involved in navigating copyright bureaucracy.
- Economic Limitations: Restricting commercial FOP prevents businesses and creators from leveraging Nigeria’s public spaces for economic gain.
These barriers not only restrict freedom but also undermine Nigeria’s potential for cultural tourism, media representation, and the free sharing of knowledge on platforms like Wikipedia, where images are crucial for documenting cultural heritage.
Why Freedom of Panorama Should be Restored in Nigeria
Restoring freedom of panorama would allow Nigerians and visitors alike to document and celebrate Nigeria’s cultural landscape without fear of copyright infringement. It would reduce bureaucratic challenges, foster creative freedom, and support tourism by making it easier to showcase Nigeria’s unique public spaces and artworks.
A Solution for Balancing Artists’ Rights and Public Freedom
One potential solution to balance the rights of creators with the public’s interest is to mandate attribution rather than permission for public images. This approach would allow people to photograph and share images of public works as long as they give proper credit to the artist. Such a requirement would acknowledge the artist’s contribution without imposing heavy restrictions on the public.
This compromise could align Nigeria’s copyright law with global best practices while ensuring that creators are recognized for their work. With attribution, artists receive credit for their contributions to public spaces, and the public retains the freedom to document and share Nigeria’s cultural landscape.
Conclusion
Freedom of panorama is more than a copyright issue; it’s a fundamental right to capture, share, and celebrate culture. The recent restrictions in Nigeria’s Copyright Act place unnecessary barriers between the public and the nation’s rich cultural heritage. By restoring freedom of panorama with an attribution requirement, Nigeria can support its artists, promote public access to culture, and join the global movement toward open sharing. As Nigeria navigates the future of copyright, it’s essential to find a balance that honours both the rights of creators and the public’s right to document the world around them.
