Hi Vincenç,
thanks for sharing this experience. It is indeed something we discussed at
the beginning, and something that cannot be totally avoided. We can only do
our best in educating people, and I'm glad to hear that you actually did do
this - this indeed proofs that our methods are not air tight and that we
should keep an eye open.
I'm sending a cc to Neil for the Europeana prize, perhaps he can make sure
this will be considered by that subcontest organization as well.
Best regards,
Lodewijk
No dia Quarta-feira, 30 de Novembro de 2011, Vicenç
Riullopvriullop(a)hotmail.com escreveu:
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
Vicenç