File:Disneyland.jpg

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Original file ‎(972 × 1,296 pixels, file size: 256 KB, MIME type: image/jpeg)

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Date 21 December 2006 (original upload date)
Source No machine-readable source provided. Own work assumed (based on copyright claims).
Author No machine-readable author provided. Sup man03 assumed (based on copyright claims).

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Hong Kong

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.

See COM:CRT/Hong Kong#Freedom of panorama for more information.

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Possibly copyrighted in the U.S.

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.

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Photograph
Public domain I, the copyright holder of this work, release this work into the public domain. This applies worldwide.
In some countries this may not be legally possible; if so:
I grant anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law.

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Date/TimeThumbnailDimensionsUserComment
current01:03, 21 December 2006Thumbnail for version as of 01:03, 21 December 2006972 × 1,296 (256 KB)Sup man03 (talk | contribs)

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