Template:NoFoP-South Africa

Copyright warning: A subject in this image is protected by copyright.

This image includes an architectural or artistic work photographed in a public space in South Africa. The South African Copyright Act 1978 (as amended) does not provide a freedom of panorama exception for photography of creative works in public spaces.

Although the photographer owns the copyright to the image, the original creator retains copyright over the artistic work depicted in the photograph. As a result, photographs of copyrighted artistic works in public spaces are not permitted under South African copyright law, which does not conform to Commons:Licensing. Exceptions apply only if the copyright has expired, placing the artistic work in the public domain, such as older colonial monuments.

Additionally, the Designs Act, 1993 (as amended) allows for photographs of functional structures like dams and bridges, as they are considered principles of construction and functional designs, dictated solely by their intended purpose.

Relevant legal clauses:

Copyright Act, 1978 § 15(3) states: "The copyright in an artistic work shall not be infringed by its reproduction or inclusion in a cinematograph film or a television broadcast or transmission in a diffusion service, if such work is permanently situated in a street, square or a similar public place."

A diffusion service § 1(1) refers to "a telecommunication service of transmissions consisting of sounds, images, signs or signals, which takes place over wires or other paths provided by material substance and intended for reception by specific members of the public; and diffusion shall not be deemed to constitute a performance or a broadcast or as causing sounds, images, signs or signals to be seen or heard; and where sounds, images, signs or signals are displayed or emitted by any receiving apparatus to which they are conveyed by diffusion in such manner as to constitute a performance or a causing of sounds, images, signs or signals to be seen or heard in public, this shall be deemed to be effected by the operation of the receiving apparatus."
Designs Act 1993, as amended, § 14(5) states: "No [...] article in so far as it is necessitated solely by the function which the article is intended to perform; or method or principle of construction, shall afford the registered proprietor of an aesthetic design [...]."

See Commons:CRT/South Africa § Freedom of panorama for more information.

If a copyrighted architectural or artistic work is contained in this image and it is a substantial reproduction, this photo cannot be licensed under a free license, and will be deleted. Framing this image to focus on the copyrighted work is also a copyright violation.

Before reusing this content, ensure that you have the right to do so. You are solely responsible for ensuring that you do not infringe someone else's copyrights. See our general disclaimer for more information.

English | 中文 | +/−

Template documentation[ view · edit · history · purge ]

This documentation is transcluded from Template:NoFoP-South Africa/doc.

The template automatically sets the following categories:

Category:NoFoP-South Africa

Usage

The template takes no parameters.

Additional information

The template is intended to be used in the following namespaces: the File namespace

The template is intended to be used by the following user groups: all users

Relies on:

Localization

English | 中文 | +/−

This template is localized through {{Autotranslate}}. The layout of the template can be found under Template:NoFoP-South Africa/layout.

To add your language to the list of languages supported by this template, please copy the code of Template:NoFoP-South Africa/en (or any other language version you prefer to translate) and replace the text strings in there (the form below can be used to create a translation, the English version is preloaded in the edit box). Please change the parameter lang from en (or whatever language you are translating) to the language code of your language.