A petition calling for the EU to extend the right to unrestricted use of photographs of landmarks in public spaces gathered more than 480,000 signatures by the time it was delivered to the European Parliament Wednesday.
German photographer Nico Trinkhaus initiated the petition after Alliance for Liberals and Democrats for Europe MEP Jean-Marie Cavada pushed for EU-wide restrictions on the commercial use of photos of landmarks such as the Eiffel Tower lit up at night or the Brussels Atomium, which are protected by copyright.
These restrictions exist in some countries, including France, Belgium and Denmark, but not in others, such as the U.K.
Parliament will vote on a non-binding copyright report Thursday in Strasbourg. It contains an amendment from Cavada, which forces photographers to get permission to commercially use snaps of public works protected by copyright or risk being fined.
The report, prepared by German Pirate Party MEP Julia Reda, is non-binding but strategically important because it will influence the European Commission’s upcoming review of copyright.
Reda herself does not back the amendment, which has opened a rift in Parliament among MEPs over the right to take such photos.
Photos of the European institutions are copyright protected, however this image of the Parliament has been approved for editorial use.
‘Freedom of panorama’
“Requiring permission from an architect for depictions of public buildings amounts to a privatization of the skyline,” Reda said of the amendment. Originally, she argued for the adoption of “freedom of panorama,” allowing unrestricted use of photographs of public spaces.
The fines for copyright infringement of public works can be hefty: the family of Edvard Eriksen, sculptor of Denmark’s little mermaid statue, is notoriously litigious. Newspapers have been fined thousands of dollars for unauthorized printing of photographs of his statue. In some EU countries even publishing photos on social media requires permission from copyright owners.
With the petition gathering momentum and Cavada’s amendment facing heavy opposition, committee members last week agreed to vote against it. They also decided no other amendments should be considered during Thursday’s vote in plenary.
That message clearly didn’t get through to Cavada’s fellow ALDE MEP Marietje Schaake.
She successfully convinced her Parliamentary colleagues to support introducing an amendment to re-introduce freedom of panorama into Reda’s report.
“I received many emails and tweets from people who were concerned that the text could make uploading a holiday picture to social media problematic in the future,” Schaake told POLITICO. “It was important to clarify what we stand for.”
Some countries allowing
Cavada’s camp was not pleased. “She didn’t try to reach our office or get in touch with our policy adviser,” said a staffer. “We regret that she forgot for a while that Mr. Cavada is the JURI shadow rapporteur for ALDE.”
Cavada returned fire, asking MEPs to vote against Schaake’s amendment as well.
This would mean condoning the status quo: some countries with freedom of panorama, others without.
While the deletion of Cavada’s position is almost guaranteed, what will happen to Schaake’s amendment at plenary is unclear.