The thesis investigates the difficult relationship between photography's ability to reproduce protected works of art and the freedom of panorama. The idea of freedom of panorama gives people the right to photograph and share photos of creative works in public places, without breaking copyright regulations. The replication of protected artworks, conversely, raises a lot of controversy. The study begins by looking at the various jurisdictions' legislative frameworks for freedom of panorama, highlighting the disparate approaches and their ramifications for the photographic reproduction of protected works of art. The various levels of freedom granted to people in various cultural and legal situations are highlighted through a review of worldwide copyright agreements, national laws, and significant court decisions. The research examines the legal systems of numerous countries, contrasting and comparing how each treats freedom of panorama. It examines the justifications for including or excluding this exception while taking sociological, economic, and cultural influences into account. The thesis also evaluates how international accords, such the Berne Convention, affect how freedom of panorama is implemented in various nations. This thesis offers a thorough examination of freedom of panorama, illuminating its judicial, cultural, and artistic facets. It intends to add to the ongoing conversations on copyright law and open artistic expression by analyzing the various approaches and their effects. The research also explores the issues and difficulties of photographically replicating protected works of art. It looks into the tensions that result from weighing the interests of photographers, visitors, and the general public against the rights of artists and copyright holders. Additionally, the ethical issues surrounding the economic exploitation, modification, and transmission of such copies are investigated. The thesis critically assesses the effects of photographic reproduction on the accessibility, preservation, and cultural importance of protected artworks by drawing on multidisciplinary viewpoints from the fields of law, art history, and cultural studies. It explores how photography contributes to the democratization of art, preserves cultural history, and aids in educational endeavors while simultaneously noting the dangers of commercialization, misappropriation, and other forms of exploitation. The results contribute to ongoing discussions about intellectual property, artistic expression, and the digital age with the ultimate goal of educating about the critical concerns relating to the right to photograph and share works of public art. However, when it comes to the replication and display of copyrighted works in museum contexts, the implementation of this privilege is extremely complicated. In-depth discussion is given on the justification for copyright laws, the defense of artistic expression, and the difficulties museums have in keeping and exhibiting works protected by copyright while permitting public access. The contention examines how museums deal with the complexity of copyright law while taking photographs of, reproducing, exhibiting works of art while taking into account issues including fair use, licensing agreements, and the possibility for infringement lawsuits.The thesis also examines how social media and digital technology affect how museum photographs are shared and the difficulties they provide for copyright administration.

Freedom of Panorama: Photographic reproducibility of protected artworks

BORIERO, DAFNE
2022/2023

Abstract

The thesis investigates the difficult relationship between photography's ability to reproduce protected works of art and the freedom of panorama. The idea of freedom of panorama gives people the right to photograph and share photos of creative works in public places, without breaking copyright regulations. The replication of protected artworks, conversely, raises a lot of controversy. The study begins by looking at the various jurisdictions' legislative frameworks for freedom of panorama, highlighting the disparate approaches and their ramifications for the photographic reproduction of protected works of art. The various levels of freedom granted to people in various cultural and legal situations are highlighted through a review of worldwide copyright agreements, national laws, and significant court decisions. The research examines the legal systems of numerous countries, contrasting and comparing how each treats freedom of panorama. It examines the justifications for including or excluding this exception while taking sociological, economic, and cultural influences into account. The thesis also evaluates how international accords, such the Berne Convention, affect how freedom of panorama is implemented in various nations. This thesis offers a thorough examination of freedom of panorama, illuminating its judicial, cultural, and artistic facets. It intends to add to the ongoing conversations on copyright law and open artistic expression by analyzing the various approaches and their effects. The research also explores the issues and difficulties of photographically replicating protected works of art. It looks into the tensions that result from weighing the interests of photographers, visitors, and the general public against the rights of artists and copyright holders. Additionally, the ethical issues surrounding the economic exploitation, modification, and transmission of such copies are investigated. The thesis critically assesses the effects of photographic reproduction on the accessibility, preservation, and cultural importance of protected artworks by drawing on multidisciplinary viewpoints from the fields of law, art history, and cultural studies. It explores how photography contributes to the democratization of art, preserves cultural history, and aids in educational endeavors while simultaneously noting the dangers of commercialization, misappropriation, and other forms of exploitation. The results contribute to ongoing discussions about intellectual property, artistic expression, and the digital age with the ultimate goal of educating about the critical concerns relating to the right to photograph and share works of public art. However, when it comes to the replication and display of copyrighted works in museum contexts, the implementation of this privilege is extremely complicated. In-depth discussion is given on the justification for copyright laws, the defense of artistic expression, and the difficulties museums have in keeping and exhibiting works protected by copyright while permitting public access. The contention examines how museums deal with the complexity of copyright law while taking photographs of, reproducing, exhibiting works of art while taking into account issues including fair use, licensing agreements, and the possibility for infringement lawsuits.The thesis also examines how social media and digital technology affect how museum photographs are shared and the difficulties they provide for copyright administration.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/20.500.14240/104982