File:Supermario Kungsbacka.jpg

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Description
English: Statue of Super Mario at the Swedish Nintendo headquarters in Kungsbacka, Sweden.
Français : Statue de Super Mario, située au quartier général de Nintendo à Kungsbacka en Suède.
Date
Source sv:Bild:Stefsupermario.jpg
Author Stefan Linder
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Statue:

Sweden Unsure sign

It is not clear whether freedom of panorama applies to this image.

This is a depiction of a building or work of art in Sweden. The depicted work is believed to be protected by copyright. According to Article 24 of the Swedish copyright act, "Works of art may be depicted if they are permanently placed on or at a public place outdoors" and "Buildings may be freely depicted." It has been widely accepted that this provision made distribution of depictions such as this one legal.

On 4 April 2016, however, the Supreme Court of Sweden issued a statement that the first paragraph in Article 24 does not extend to publication of works of art in online repositories, and on 6 July 2017, a lower court ruled that linking to depictions of copyrighted works of art hosted by Wikimedia (including on Commons) in a database constitutes copyright infringement. See COM:CRT/Sweden#Freedom of panorama for more information.

The second paragraph in the article, about buildings, was not evaluated in the statement or ruling.

The implications of these decisions on Commons' ability to continue to distribute this and other depictions like it are currently under analysis.


Reusing or linking to this file can have legal consequences, unless the artist has died before 1 Jan 1954, to which either {{PD-Sweden-photo}} or {{PD-old-70}} may apply. You are solely responsible for ensuring that you do not infringe the copyright belonging to someone else. See our general disclaimer for more information.

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Possibly copyrighted in the U.S.

This work might not be available under a free license in the United States because it is based on an artwork or sculpture that may be protected by copyright under U.S. law. (Commons is hosted in the United States and as such, U.S. law is applicable.)
  • In the source country of the artwork or sculpture, taking photographs of such works permanently located in a public place does not generally infringe on their copyright, under a principle known as "freedom of panorama".
  • In U.S. law, there is no freedom of panorama for artwork or sculptures, and under the choice-of-law principle lex loci protectionis, U.S. courts might apply U.S. freedom of panorama standards to this work, rather than the standards of the source country. However, in practice, it is unsettled whether and how this approach would be applied in real-world U.S. legal cases involving freedom of panorama elements.
The current policy on Commons is to accept photos of artwork and sculptures that are covered by freedom of panorama in their source country. This policy may change in the future, depending on the outcome of community discussions and new case law.
This is not a valid license tag on Commons; this file must be usable under freedom of panorama in its source country or it will be deleted.

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11 June 2006

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current19:43, 27 October 20091,920 × 2,560 (888 KB)DancterSince my edit back in 2007 was ignored…

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