Freedom of Panorama: The Secret Weapon in the Game

I started my career in entertainment as a video games lawyer.

This coincided with the era of open-world games, shifting level design from linear structures to spatial realistic compositions.

Having come from an IP background, I was designated the role to clear games before release i.e. background checks against real-world rights.

Sports and racing games, sims, RPGs, fantasy, first-person shooters. I wasn't fussy.

Armed with an Alienware laptop and caffeine by the tonne, I would crunch the games alongside the devs for days, nights, even weeks.

I couldn't believe my luck. Paid to play games.

Except I wasn't playing. More like sightseeing in a virtual world.

I had my routine locked down.

The game was always muted. The sound of zombies cutting the stillness of concentration and that tenseness that something is close. Not ideal.

I would insist on cheat codes as well to prevent me dying and starting over again. And the occasional vehicle I could spawn in order to travel around the map quicker.

One game had me dreaming of dune buggies for days.

But as my experience grew in this weird and wonderful world of video games clearance, there was one IP loophole that I habitually turned to - the Freedom of Panorama.

Public Buildings

Many countries, including the UK, have legal exemptions in place to allow the use of images of buildings, which are permanently located in a public place. This is known as the Freedom of Panorama.

Most buildings are protected by copyright as works of architecture if they are sufficiently original and identifiable.

Copyright usually lasts for 70 years after the death of the author of that work- in this case architects/designers. Plenty of time for buildings to still be within copyright.

Freedom of Panorama

Which is why the Freedom of Panorama is such a trusty tool for all creatives (artists, photographers, film producers etc- not just game developers) who want to recreate real-world environments.

Because you don't require consent from the copyright owner which can be time consuming and costly.

This is how Google has the right to take photos of public buildings without permission in Google Maps.

Limits

Over years of use and application of this secret weapon of a copyright exemption, I have drawn up this list of limitations to the Freedom of Panorama:

• It only applies to buildings visible in a public place - interiors of buildings and private estates/buildings do not apply
• Artistic works such as street art on buildings or trade marks such as shop brands are not included
• Some distinctive designed buildings are protected by design rights e.g. the Shard and the Gherkin in London
• In the UK many road signs and also phone boxes (nearly slipped up on that one) are privately owned including by the Crown
• Temporary buildings/structures do not count - they must be permanent
• Public sculptures are a mixed bag - some countries exempt them from copyright protection, others don't - most notably the state of Nevada and all the Las Vegas hotels which feature notable landmarks
• In Italy and France the freedom is curtailed by privacy and cultural heritage protections

Leveraging copyright exceptions such as the Freedom of Panorama is critical for devs looking to build realistic open-world games.

But it also applies to anyone wanting to recreate modern-day cities, towns, buildings and other public structures - freely.

It’s a secret weapon that must be shared.

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