According to Sect 71 of the Copyright Ordinance of Hong Kong, it is not a copyright infringement to make graphic representations, take photographs, or broadcast the images of buildings, sculptures, models for buildings and works of artistic craftsmanship, if the object is permanently situated in a public place or in premises open to the public. Because Hong Kong was a territory of the United Kingdom until 1997, Hong Kong law is modelled on UK law, and in the absence of any specific case law to the contrary it is reasonable to assume that the rules will be similar.
Similar to the UK law, 'works of artistic craftsmanship' is defined separately from 'graphic work'. The latter includes any painting, drawing, diagram, map, chart or plan, and any engraving, etching, lithograph, woodcut or similar work. Therefore freedom given in Sect 71 does not apply to posters or maps in public places.
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.
to share – to copy, distribute and transmit the work
to remix – to adapt the work
Under the following conditions:
attribution – You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
https://creativecommons.org/licenses/by/2.0CC BY 2.0 Creative Commons Attribution 2.0 truetrue
This image was originally posted to Flickr by ronnieliew at https://www.flickr.com/photos/75662727@N00/338356852. It was reviewed on 06:42, 13 October 2009 (UTC) by FlickreviewR, who found it to be licensed under the terms of the cc-by-2.0, which is compatible with the Commons. It is, however, not the same license as specified on upload, which was the cc-by-3.0, and it is unknown whether that license ever was valid.
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{{Information |Description={{en|1=A was model of en:Cecilia Cheung at en:Madame Tussauds in Hong Kong.}} |Source=http://www.flickr.com/photos/ronnieliew/338356852/ |Author=[http://www.flickr.com/photos/ronnieliew/ ronnieliew] on [http://www.fl