Freedom of panorama

Written with the active assistance of aGRa .
Every time you photograph a building, monument, or other architectural object, you create a derivative work from this very object. This means that part of the copyright belongs, besides you, to the architect who built this building. That is, by default, you have the right to publish photos of buildings whose copyright has not yet expired, only with the consent of the architect.
Fortunately, in the legislation of most countries, this case is specifically mentioned. Such reservations permitting the free use of photographs of objects located in public places are called “panorama freedom”. Legislation on it varies from country to country ( comparison of laws of different countries ).
In Russia, the freedom of panorama is regulated by article 1276 of the Civil Code of the Russian Federation:

It is allowed without the consent of the author or other copyright holder and without paying remuneration reproduction, broadcast or cable photographic works, works of architecture or works of fine art, which are constantly in a place open to the public, except when the image of the work in this way the main object of this reproduction, broadcasting or cable or when the image of the work is used for commercial purposes.

As you can see, this article has two limitations. Let's sort out what each of them means.

It is commercially impossible to use a photo if you get at least a piece of a building whose architect died less than 70 years ago and did not deign to give permission. In particular:

• You can not put such photos on Habrahabr (see the ads above,%% username?)
• In Wikipedia, you also hardly find such people, since it adheres to the policy of minimal use of everything that cannot be used commercially (freedom 0)
• If you use a photo in a video that is preceded by an advertisement
• And in general, if you place a photo containing an image of a building in a place from which you receive at least a ruble of income, then you are already subject to liability. Perhaps a criminal one - if the architect (or his relative, if he himself, God forbid, died) considers that he has not received 50 thousand rubles of income from you.

It is enough that the image is only a piece of the building, commercial use is prohibited by law, regardless of whether the object is fully used or partially. Now imagine that you have a video or panorama?

But this is not the worst. You do not even have the right to use a “non-commercial” photograph (well, except for personal purposes: for yourself and your family members), if it is “the main object of this reproduction, broadcast or cable.” The condition itself is ambiguous, as it is interpreted in various sources in different ways:

• The object is the main one if the main purpose of the image is to illustrate this object.
• The object is the main one if it occupies the largest place in the frame.
• The object is the main one, if the main goal of a complex work is to illustrate this object (that is, if you simply illustrate an article with a photo, then everything is OK)

But in any case, if you photographed the building, and sent a photo to a friend, you have a chance to legally go to court. Wonderful, isn't it?