Question

To ask Her Majesty’s Government what is their assessment of the draft own-initiative report of proposal to the European Parliament that commercial use of photographs or video footage, or other images of works which are permanently located in physical public places, should always be subject to prior consent from the authors or any proxy acting for them.

Section 62 of the Copyright, Designs, and Patents Act (1988) permits the photographing and filming of certain artistic works and buildings permanently situated in a public place or in premises open to the public, without prior consent from the owners of copyright in those works. This exception to copyright protection has existed in UK law for over a hundred years, and represents an important freedom for photographers and film-makers, whether amateur or professional.

The Government does not support any restriction to this exception, such as a requirement that prohibits commercial use without prior consent. The Government recognises the diversity of EU Member States’ laws in this area and strongly believes Member States should retain their current discretion in this area of law.