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Proposed law puts art and buildings in the picture

11:15 10/08/2015

A law that will allow buildings and art in public spaces to be photographed without infringing copyright rules is to be proposed by Open VLD, part of the federal government coalition. According to De Morgen, the party has drawn up a draft law that would introduce the 'freedom of panorama' into Belgian law, bringing it into line with law in most other EU countries.

At present in Belgium you need permission from a building's architect or the creator of a public artwork before you can take a picture of it or make it public. This restriction exists for 70 years after their death, so even relatively old buildings are covered. Victor Horta's Central Station in Brussels will only be 'rights free' in 2017, while the Atomium should be left out of the picture until 2075.

The ban applies equally to commercial operations, such as newspapers, and tourists taking selfies.

In practice architects, artists and the organisations that protect their copyright rarely complain, but this is not the same as the photographs being legal. "Look at the Atomium, which in the past has bombarded people and businesses with reminders to pay royalties," say MPs Patricia Ceysens and Frank Wilryckx in the paper.

"A person's freedom to take photographs in public must take precedence over protecting the copyright of art works and buildings," they add.

Coalition partner N-VA supports the proposal, while CD&V is reserving judgement.

Written by Ian Mundell