[Wiki Loves Monuments] Interior views case

[Vicenç Riullop]

In early mailings we talked about possible problems taking photos in private properties. Recently we have dealed with a real case. One of the awarded photos selected in first instance for local prize of Catalonia was an interior view of Casa Batlló. A jury member realized that it could be problematic without the consent of the propietary. He contacted Casa Batlló S.L., a private company that manages the building, and he was informed that all visitors are awarded about taking photos in the interior for commercial purposes [1]. They were willing to cooperate offering to sign an agreement for using the image on Commons and WLM website but not by third parts. Although such agreement is only binding for the photographer, we can not accept it as a free image. 

Such case is explained on Commons [2]. In brief, the image is accepted on Commons as the work is not copyrighted and it is up to the photographer to follow private rules of the propietary.

The local comitee and jury decided to do not accept this image for the contest as we warned on the website about taking photos in private properties. We could not take any risk and we could not compromise our sponsor. The author has been informed and he understands the decision as he was not aware at all, unfortunatly, of the commercial use condition of the license.

I have added a warning note on the related category at Commons [3]. Just to note that two images from this category, by other authors, are among the 343 ones selected in first round for Art Nouveau prize.

[1] http://www.casabatllo.es/en/corporate/brand/image-rights/
[2] http://commons.wikimedia.org/wiki/Commons:Image_casebook#Museum_and_interior_photography
[3] http://commons.wikimedia.org/wiki/Category:Interior_of_Casa_Batll%C3%B3

Vicenç 		 	   		  
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://lists.wikimedia.org/mailman/private/wikilovesmonuments/attachments/20111130/020c9c26/attachment.html>