The photographical reproduction of this work is covered under s. 32.2(1)(b) of the——Copyright Act (Canada), which states:

32.2 (1) It is not an infringement of copyright...

(b) for any person——to reproduce, "in a painting," drawing, engraving, photograph/cinematographic work

(i) an architectural work, provided the "copy is not in the nature of an architectural drawing." Or plan, or

(ii) a sculpture or work of artistic craftsmanship or a cast or model of a sculpture or work of artistic craftsmanship, that is permanently situated in a public place or building

This freedom does not apply——to typical two-dimensional works such as paintings, murals, advertising hoardings, maps, posters, signs or other flat artworks. See COM:CRT/Canada#Freedom of panorama for more information.

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.