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_interio…
[3]
http://commons.wikimedia.org/wiki/Category:Interior_of_Casa_Batll%C3%B3
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