Freedom of Panorama Updates: The 2016 Reforms in Belgium and France

Originally contributed by Domenico Piero Muscillo. Updated by the DANDI editorial team.

In 2016, both Belgium and France introduced freedom of panorama (FOP) provisions into their respective copyright frameworks — two civil law jurisdictions that had historically lacked an explicit FOP exception. Although neither reform produced a framework as permissive as Germany’s Panoramafreiheit or the UK’s CDPA Section 62, both represented meaningful steps toward harmonisation with broader European practice.

For a comprehensive comparative analysis of the French and German frameworks, see our FOP France and Germany guide. For the broader cluster, see FOP in Italy and FOP in the UK.

Belgium: Loi du 27 juin 2016

Belgium introduced FOP through the Loi du 27 juin 2016, which amended the Belgian Code de droit économique (Code of Economic Law) by adding a new provision to Article XI.190. The law entered into force on 15 July 2016.

The Belgian provision permits the reproduction and communication to the public of works of visual, graphic, and architectural art permanently situated in public places, provided that:

• the reproduction does not conflict with the normal exploitation of the work;
• the reproduction does not unreasonably prejudice the legitimate interests of the author.

This formulation — using the classic three-step test language familiar from the Berne Convention and the EU acquis — gives Belgian courts flexibility to assess specific uses case-by-case. In practice, the Belgian framework is moderately permissive: it allows both commercial and non-commercial use, but unlike German Panoramafreiheit, the protective conditions can be invoked to limit uses that would harm the architect’s commercial interests.

France: Loi pour une République numérique

France introduced FOP through the Loi n° 2016-1321 du 7 octobre 2016 pour une République numérique (“Digital Republic Law”), which added Article L. 122-5 11° to the Code de la Propriété Intellectuelle.

The French exception permits:

reproductions and representations of architectural works and sculptures, permanently placed on public roads, made by natural persons, to the exclusion of any commercial use.

The French framework is significantly narrower than the Belgian: it is limited to natural persons (excluding companies and other legal entities) and excludes any commercial use. In practical terms, French FOP legalises personal photography of architectural works and sculptures in public spaces, but commercial reproduction — including stock photography, advertising, and commercial publishing — remains subject to authorisation from the copyright holder.

Comparative position

The 2016 reforms left a clear hierarchy of FOP permissiveness across European jurisdictions, from most permissive to most restrictive:

1. Germany (UrhG § 59 Panoramafreiheit): broad commercial and non-commercial use of permanent works in public spaces;
2. UK (CDPA s. 62): broad commercial and non-commercial use of buildings, sculptures, and works of artistic craftsmanship;
3. Belgium (XI.190 Code de droit économique): commercial and non-commercial use subject to three-step test;
4. France (Article L. 122-5 11° CPI): non-commercial use by natural persons only;
5. Italy: limited statutory FOP, with cultural heritage overlay under D.Lgs. 42/2004.

For productions distributed across multiple European jurisdictions, the practical approach remains to comply with the most restrictive applicable framework (typically French or Italian), thus ensuring pan-European compliance.

For comprehensive analysis

This article provides a brief update. For comprehensive comparative analysis, including cross-border production strategy, see our dedicated guide on FOP in France and Germany, which covers the full statutory framework, leading cases, and operational implications.

For consultation on cross-border FOP and image clearance matters, book directly with Avv. Claudia Roggero or Avv. Donato Di Pelino.

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