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Property Releases on Ancient Structures?


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I've surprised myself with my total ignorance on the subject of statue of limitations regarding property releases.

 

This comes from my resentment in having to play International Lawyer in answering Alamy's questions regarding property releases. Most of the time I cover myself by saying, "Yes, this image needs a property release, and no, I don't have a release." Now I'm not a lawyer, and even if I were a lawyer I would not know all the different appropriate laws in all 196 nations in the world. 

 

This question came up when I was keywording some very old structures in Rome. 

 

Edo

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Strictly speaking they probably belong to the municipality so my attributes would be the usual yes/no.

Interestingly in considering some recent German pictures I noticed 'public ground' at the end of some captions. Looks like there's some restriction in Germany which I'm not going to worry about.

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Edo:

 

It was once explained to me as follows for the law in Canada.

 

If you have a property release signed by someone that has signing authority, then OK.

 

If the property ownership changes hands after the release is signed, then that is OK because your property release is an obligation that travels along with the property to the new owners. The old owner should inform the new owner, at the time of selling,  about any agreements made in the past. That is not the photographers responsibility.

 

So if you managed to get Julius Cesar to sign a property release on the Forum, then it should still be good today.

 

Even though I am not a lawyer, I know that any fool can sue. 

 

I therefore use your answer method. Even for my own property as I may sell it in the future, and do not want to burden it with covenants.

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Edo:
 
It was once explained to me as follows for the law in Canada.
 
If you have a property release signed by someone that has signing authority, then OK.
 
If the property ownership changes hands after the release is signed, then that is OK because your property release is an obligation that travels along with the property to the new owners. The old owner should inform the new owner, at the time of selling,  about any agreements made in the past. That is not the photographers responsibility.
 
So if you managed to get Julius Cesar to sign a property release on the Forum, then it should still be good today.
 
Even though I am not a lawyer, I know that any fool can sue. 
 
I therefore use your answer method. Even for my own property as I may sell it in the future, and do not want to burden it with covenants.

 

 

They would probably stab him just before he signed. "Et tu, Edo?" 

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  • 2 weeks later...

I can't find it now and I have in the past. There's some archaic law in Italy that's called (if I remember) "right to panorama" and what it says is, they own all the rights to street scenes, archetecture, ancient ruins, fountains... Etc. However it's not enforced. If someone wants, I'll keep searching. I couldn't find it this time around. Just shows how badly spammed up the Internet search is with false results.

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I can't find it now and I have in the past. There's some archaic law in Italy that's called (if I remember) "right to panorama" and what it says is, they own all the rights to street scenes, archetecture, ancient ruins, fountains... Etc. However it's not enforced. If someone wants, I'll keep searching. I couldn't find it this time around. Just shows how badly spammed up the Internet search is with false results.

 

Don't know which search engine you're using, but it came up first when searching "right to panorama italy" on Google.

 

dd

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