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italian law prohibiting any image containing a church being used commercially?

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  • Jeffrey Martin
    Hi, I ve been told by a potential client that they are not allowed to license one of our images, because it contains a church in it. In a landscape / cityscape
    Message 1 of 8 , Feb 6, 2013
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      Hi,

      I've been told by a potential client that they are not allowed to license one of our images, because it contains a church in it.

      In a landscape / cityscape image, if there is a church visible, is it legally required to secure permission from the church?

      is this for real? Or is it just another "law" that is never enforced?

        

    • Mauro Contrafatto
      Well, it depends. As long as the church is just in the context of a panorama, and the picture is taken from a public place, there shouldn t be any licensing
      Message 2 of 8 , Feb 6, 2013
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        Well, it depends.

        As long as the church is just in the context of a panorama, and the picture is taken from a public place, there shouldn't be any licensing problems.

        If you could share the picture privately, I can advise better.

        Mauro

        --- In PanoToolsNG@yahoogroups.com, Jeffrey Martin wrote:
        >
        > Hi,
        >
        > I've been told by a potential client that they are not allowed to license
        > one of our images, because it contains a church in it.
        >
        > In a landscape / cityscape image, if there is a church visible, is it
        > legally required to secure permission from the church?
        >
        > is this for real? Or is it just another "law" that is never enforced?
        >
      • Hans
        ... I guess this is what they talk about. http://commons.wikimedia.org/wiki/Commons:FOP Hans
        Message 3 of 8 , Feb 6, 2013
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          --- In PanoToolsNG@yahoogroups.com, Jeffrey Martin wrote:
          >
          > Hi,
          >
          > I've been told by a potential client that they are not allowed to license
          > one of our images, because it contains a church in it.
          >
          > In a landscape / cityscape image, if there is a church visible, is it
          > legally required to secure permission from the church?
          >
          > is this for real? Or is it just another "law" that is never enforced?
          >

          I guess this is what they talk about.
          http://commons.wikimedia.org/wiki/Commons:FOP

          Hans
        • Sam Rohn
          other than FOP the client is probably concerned w potential liability rather than it being specifically illegal , someone just decides they don t want to take
          Message 4 of 8 , Feb 6, 2013
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            other than FOP the client is probably concerned w potential liability rather than it being specifically "illegal", someone just decides they don't want to take any chances on being sued later on

            in USA, permission to use an image of a specific exterior church in a commercial project would typically be obtained directly from the church, or maybe archdiocese etc, even though it might not be legally required for a non trademarked exterior many clients will want a location release anyway just to be safe and keep their lawyers happy

            but typically to obtain a location release for a given building and specific usage is the clients headache, not the photographers, and in a large cityscape like of manhattan for example no release is required as it might be for a close up of a specific building, no one could ever get a release for an entire cityscape for all possible usage anyway

            if they are concerned about liability, they need to contact whoever and get a release, if they don't want a church for some other reason, photoshop it out and put in another structure

            sam

            - - - - -
            Sam Rohn :: New York City
            Panoramic Photography :: http://www.samrohn.com
            Location Scout :: http://www.nylocations.com


            --- In PanoToolsNG@yahoogroups.com, Jeffrey Martin wrote:
            >
            > Hi,
            >
            > I've been told by a potential client that they are not allowed to license
            > one of our images, because it contains a church in it.
            >
            > In a landscape / cityscape image, if there is a church visible, is it
            > legally required to secure permission from the church?
            >
            > is this for real? Or is it just another "law" that is never enforced?
            >
          • luca vascon
            ;-) In Italy it SHOULD be client s headhache. we have bureaucracy and things so responsability is made roll down to the last of the chain. 2013/2/7 Sam Rohn
            Message 5 of 8 , Feb 18, 2013
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              ;-)
              In Italy it SHOULD be client's headhache. we have bureaucracy and things so responsability is made roll down to the last of the chain.


              2013/2/7 Sam Rohn <nylocations@...>
              other than FOP the client is probably concerned w potential liability rather than it being specifically "illegal", someone just decides they don't want to take any chances on being sued later on

              in USA, permission to use an image of a specific exterior church in a commercial project would typically be obtained directly from the church, or maybe archdiocese etc, even though it might not be legally required for a non trademarked exterior many clients will want a location release anyway just to be safe and keep their lawyers happy

              but typically to obtain a location release for a given building and specific usage is the clients headache, not the photographers, and in a large cityscape like of manhattan for example no release is required as it might be for a close up of a specific building, no one could ever get a release for an entire cityscape for all possible usage anyway

              if they are concerned about liability, they need to contact whoever and get a release, if they don't want a church for some other reason, photoshop it out and put in another structure

              sam

              - - - - -
              Sam Rohn :: New York City
              Panoramic Photography :: http://www.samrohn.com
              Location Scout :: http://www.nylocations.com


              --- In PanoToolsNG@yahoogroups.com, Jeffrey Martin  wrote:
              >
              > Hi,
              >
              > I've been told by a potential client that they are not allowed to license
              > one of our images, because it contains a church in it.
              >
              > In a landscape / cityscape image, if there is a church visible, is it
              > legally required to secure permission from the church?
              >
              > is this for real? Or is it just another "law" that is never enforced?
              >




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              --
              Luca Vascon.
              --
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              Se volete parlarmi di lavoro, contattatemi attraverso i siti qui sotto.
            • Bostjan Burger
              Any image... so in sattelite images all areas with churches are blured? Landsat is illegal then...conclusion, TV news broadcasting from e.g. Rome is illegal?
              Message 6 of 8 , Feb 18, 2013
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                Any image... so in sattelite images all areas with churches are blured? Landsat is illegal then...conclusion, TV news broadcasting from e.g. Rome is illegal? lol... commercial is everything when earn money or you have income right? All Panoramio, Flickr etc... photos containing Italian churches are then illegal... because there are ads beside ... and that is commerical...

                Boštjan

                Ps... provoking only ;)


                From: luca vascon <luca.vascon@...>
                To: panotoolsng <PanoToolsNG@yahoogroups.com>
                Sent: Monday, February 18, 2013 10:01 AM
                Subject: Re: [PanoToolsNG] Re: italian law prohibiting any image containing a church being used commercially?

                 
                ;-)
                In Italy it SHOULD be client's headhache. we have bureaucracy and things so responsability is made roll down to the last of the chain.


                2013/2/7 Sam Rohn <nylocations@...>
                other than FOP the client is probably concerned w potential liability rather than it being specifically "illegal", someone just decides they don't want to take any chances on being sued later on

                in USA, permission to use an image of a specific exterior church in a commercial project would typically be obtained directly from the church, or maybe archdiocese etc, even though it might not be legally required for a non trademarked exterior many clients will want a location release anyway just to be safe and keep their lawyers happy

                but typically to obtain a location release for a given building and specific usage is the clients headache, not the photographers, and in a large cityscape like of manhattan for example no release is required as it might be for a close up of a specific building, no one could ever get a release for an entire cityscape for all possible usage anyway

                if they are concerned about liability, they need to contact whoever and get a release, if they don't want a church for some other reason, photoshop it out and put in another structure

                sam

                - - - - -
                Sam Rohn :: New York City
                Panoramic Photography :: http://www.samrohn.com
                Location Scout :: http://www.nylocations.com


                --- In PanoToolsNG@yahoogroups.com, Jeffrey Martin  wrote:
                >
                > Hi,
                >
                > I've been told by a potential client that they are not allowed to license
                > one of our images, because it contains a church in it.
                >
                > In a landscape / cityscape image, if there is a church visible, is it
                > legally required to secure permission from the church?
                >
                > is this for real? Or is it just another "law" that is never enforced?
                >


              • Fernando Costa Pinto
                so glad i live in Brazil ..so freeeeeee..so very few rules .... ... -- 71 9906 9966 vivo 71 9173 2722 tim 71 3331 6723 fixo so glad i live in Brazil ..so
                Message 7 of 8 , Feb 18, 2013
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                  so glad i live in Brazil ..so freeeeeee..so very few rules ....


                  On Mon, Feb 18, 2013 at 7:23 AM, Bostjan Burger <si_lander@...> wrote:
                   

                  Any image... so in sattelite images all areas with churches are blured? Landsat is illegal then...conclusion, TV news broadcasting from e.g. Rome is illegal? lol... commercial is everything when earn money or you have income right? All Panoramio, Flickr etc... photos containing Italian churches are then illegal... because there are ads beside ... and that is commerical...

                  Boštjan

                  Ps... provoking only ;)


                  From: luca vascon <luca.vascon@...>
                  To: panotoolsng <PanoToolsNG@yahoogroups.com>
                  Sent: Monday, February 18, 2013 10:01 AM
                  Subject: Re: [PanoToolsNG] Re: italian law prohibiting any image containing a church being used commercially?

                   
                  ;-)
                  In Italy it SHOULD be client's headhache. we have bureaucracy and things so responsability is made roll down to the last of the chain.


                  2013/2/7 Sam Rohn <nylocations@...>
                  other than FOP the client is probably concerned w potential liability rather than it being specifically "illegal", someone just decides they don't want to take any chances on being sued later on

                  in USA, permission to use an image of a specific exterior church in a commercial project would typically be obtained directly from the church, or maybe archdiocese etc, even though it might not be legally required for a non trademarked exterior many clients will want a location release anyway just to be safe and keep their lawyers happy

                  but typically to obtain a location release for a given building and specific usage is the clients headache, not the photographers, and in a large cityscape like of manhattan for example no release is required as it might be for a close up of a specific building, no one could ever get a release for an entire cityscape for all possible usage anyway

                  if they are concerned about liability, they need to contact whoever and get a release, if they don't want a church for some other reason, photoshop it out and put in another structure

                  sam

                  - - - - -
                  Sam Rohn :: New York City
                  Panoramic Photography :: http://www.samrohn.com
                  Location Scout :: http://www.nylocations.com


                  --- In PanoToolsNG@yahoogroups.com, Jeffrey Martin  wrote:
                  >
                  > Hi,
                  >
                  > I've been told by a potential client that they are not allowed to license
                  > one of our images, because it contains a church in it.
                  >
                  > In a landscape / cityscape image, if there is a church visible, is it
                  > legally required to secure permission from the church?
                  >
                  > is this for real? Or is it just another "law" that is never enforced?
                  >





                  --
                  71 9906 9966 vivo
                  71 9173 2722 tim
                  71 3331 6723 fixo
                • Thomas
                  Let s not pick on Italy, this is a world-wide problem. For example (IVRPA beware !) --- In
                  Message 8 of 8 , Feb 19, 2013
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                    Let's not pick on Italy, this is a world-wide problem.
                    For example (IVRPA beware !)

                    <br>--- In PanoToolsNG@yahoogroups.com, "Hans" <hans@...> wrote:<br>><br>> <br>> <br>> --- In PanoToolsNG@yahoogroups.com, Jeffrey Martin wrote:<br>> ><br>> > Hi,<br>> > <br>> > I've been told by a potential client that they are not allowed to license<br>> > one of our images, because it contains a church in it.<br>> > <br>> > In a landscape / cityscape image, if there is a church visible, is it<br>> > legally required to secure permission from the church?<br>> > <br>> > is this for real? Or is it just another "law" that is never enforced?<br>> ><br>> <br>> I guess this is what they talk about.<br>> http://commons.wikimedia.org/wiki/Commons:FOP<br>> <br>> Hans<br>><br>
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