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Pope's Copyrights and Royalties
Hi! I just wanted to make public a news that was published on the most serious italian newspaper, Il Sole 24 Ore. Vatican is working to make a new law that will put copyright on Pope’s image, texts and voice. Assuming that as a photographer I don’t care about voice and texts, the problem comes on the public image of the Pontiff. This new law could be the beginning of a new nightmare here in Rome. The Pope is still, for many of us who are permanently accreditated to the Vatican and work from Italy with foreign agency, the main source of money during the year. The law could put Pope’s image under copyright, which could mean that there would be royalties to be payed, and maybe more important, that the Vatican should have the right to approve or not the publication of Pope’s images. The fact is that Vatican is a “foreign country” and there’s no way to influence this new law, and most of all, we’ll be probably stay in the dark until something will be decided. Personally I have been thinking a lot since yesterday when a friend of mine sent me this article, and many possible solutions have come to my mind… I’d like you to tell me what you think about it and to realize what is photographers world and daily life here in Italy!
Here’s a part (for those who understand italian, it’s a bit hard to me to translate it all! sorry..) talking about photos royalties on the article published by Sole 24 Ore last 10 feb:
Le novità riguardano le foto (anche se solo documentaristiche) relative alla Santa Sede, al Papa, ad ambienti riservati del Vaticano. Diritto attribuito per 50 anni alle istituzioni e ai soggetti che hanno la custodia sulle opere d’arte e sui beni. A questo si aggiunge la tutela del diritto all’immagine del Pontefice che interesserà non solo le foto ma anche immagini tv e cinematografìche. Non può essere esposta, riprodotta, diffusa e messa in commercio senza il consenso della Segreteria di Stato. Salvo che questo utilizzo sia giustificato da scopi religiosi, culturali, didattici e scientifici. Salvo che l’utilizzo sia collegato a fatti, avvenimenti e cerimonie pubbliche o che si svolgono in pubblico. Insomma una vera e propria rivoluzione la cui portata e i cui effetti sono ancora tutti da scoprire e misurare. Soprattutto le ricadute per giornali, tv, radio, case editrici, siti on line. E l’allarme non manca. Per ora infatti non sappiamo se sia stato previsto o meno un tariffario. Né sappiamo ancora se si parlerà di vere e proprie royalties. Di certo, secondo il contenuto delle nuove disposizioni, a decidere sull’utilizzo (gratuito o a pagamento) di tali diritti dovrebbe essere la Segreteria di Stato, regista attenta dell’intera operazione.
thank you for reading.
Dario Pignatelli, Rome
by
Dario Pignatelli
at
Wed Feb 14 10:44:26 UTC 2007
(ed. Mar 12 2008)
Rome,
Italy
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Ciao Dario,
I wonder, how could they enforce this copyright, since none of the photographers live in Vatican City? I wouldn’t think they would have jurisdiction in Rome or anywhere else, and it would not be an Italian law so you could not be sued in Italian courts, I would think. The only course of action would be to extradite you to the Vatican! That’s is a laugh. And of course it would have absolutely no weight at all outside of the Vatican when he travels, so I don’t understand what they are getting at. It sounds like a very clueless Vatican lawyer stepping out of his specialty.
And if it all comes to the worst, just stand outside the piazza with a long lens like during the last days of John Paul II but of course that’s not a great situation…
I think this is one of those things that will just disappear as it become apparent how stupid it is.
But then, it is Italy… More or less.
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If this is true, and I seriously have my doubts, my initial response would be to say “fuck off”. Having said that I would take great comfort in the fact that it would only have any bearing on images intended to be published in the Vatican, or, in the extremely unlikely event that it had worldwide jurisdiction, every photographer on the planet not in the direct employ of the Pontiff would like me say, “fuck off” and refuse to take pictures of him. I would think that most publications might also be inclined to stand with their photographers and refuse to publish anything submitted by the Vatican’s press office, and the Pope would quickly become famous for not ever having his images seen anywhere. In the long run it would be disasterous for them.
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Dave, ciao! Well, you really know how it works in Italy, Vatican has quite power outside his walls, anyway.. The fact is, as we’ve experienced in Turkey on his last official visit, that if they don’t want you to take photos hof him, they won’t show you him. I spent one week in Turkey, went to all the three places he’s been, and I think I got lucky because I saw (and took picture..) him for maximum 12 minutes!!! You also know it’s impossible to do it from the outside, if you want to take good photos to him, you got to be there, as close as possible. Ciao Michael. I do perfectly agree with you, I would say the same thing, you don’t want us to take freely photos to him, shit, do it yourself and distribute your stuff by your own.. And in the long rin it would be a disaster for them. But the problem is more complex. First of all, as my “vaticanist” colegues could confirm, already all the private meetings he’s doing with world’s prime miniters and famous personalities are not “pool” anymore but handout photos given by the Vat to world biggest press agency (AP, Rtr, AFP, EPA..), and it works, they distribute those photos all around the world. Then, the most important problem is that they could be able, if this incredible law pass, to produce they own photo material at really low costs. I mean, they’ve got their own intern and salary photographers, the price of Vatican image production could be very very low, selling their photos, as they are already doing, very cheap, on behalf of photo agency prices. And I don’t know how many newspapers or magazines would buy your photo, taken from the outside and at more expensive price, than their photo, taken closer and cheaper.. I’ll make you an example, do you remember last july whae the pontiff talked about muslims during his trip to south Germany? well, imagine there are not freelance photograpers allowed, the only photos are taken from Vatican’s photographers,.. what would happen? of course newspapers have to talk about him and his speech on muslims, of course some of them will use a photo.. what would you publish? a file photo of the Pope at his balcony done by a freelance like my and costs 200 $ or a handout vatican photo done in south germany during his speech and that costs 30 $..
I am serously worried.
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Dario,
I think you might be right with yout points there, and there is cause to worry. They could require copyright for access, which is happening quite a lot in entertainment situations like concerts.
If they require a “cut” of the profits, which I kind of doubt is the aim, that introduces a serious ethical dilemna—journalists are not supposed to enter into financial arrangements or exchanges with their subjects.
It does sound kind of like something the church would do, they are control freaks.
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What is all this interest in pictures of the Pope?
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Probably something to do with “graven images”.
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who is the Pope?...Alexander Pope?......
I claim copyright over MY VOICE TOO! :)))))))))...So, if you listen to me, you must pay me royalities from now on: so, unless you want to infringe, put fingers in your ears when im near by ;)))))))))
o, and if you read my words, you must pay me royalities as well…(which i’ll donate to LS and my son)....
dont even dare contemplate looking at me, for that mean’s you’ve coopted my image in perpetuity (you couldnt possibly ever forget what i look like and that damn hard-drive brain will never delete the image ;)) )...and that shit don’t fly unless you’ve got lots of dough to pay me handsomely!...yo: your eyes are cameras, so start coughing up the cash ;)))))))...i’ll be collecting tonight at the projection :))))
cheers, b
by
Bob Black
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21 Jul 2007 17:07
(ed. Jul 21 2007)
| Toronto (for now),
Canada
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all the interest about Pope’s photos? well, this is only one case, ask photographers outside Paris Hilton house if they find their photos “interesting”.. :-) jokes apart, there are more than 20 photographers in Rome who work permanently on the vatican, I guess it is more or less the number of photographers working permanently at the white house: imagine the white house begins asking money to let them work, basing their request on “president’s royalties”.. I know, it sounds weird, but that’s what might happen here! cheers D.
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Bob, I have become the Emperor of Ice Cream. I am in the public domain.
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Barry :))))))))))))).....yes indeed, the roller of big cigars ;)))
maybe we should tell his Eminence in the Vatican to let the lamp affix its beam ;))))
cheers, b
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How do you say copyright in Latin?
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HE john is the same ¿Cómo usted dice el copyright en latín?
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Bloody hell and I thought world politics were just dragging us back into the last century. This sounds like the middle ages to me!
What is the Pope having behind closed doors meeting with world leaders for anyway? I thought his job was that of a spiritual leader not an advisor.
Who are these people we have allowed to flummox us into accepting “Royalties on the Pope’
And believe me when I say this
‘Oh, For God’s Sake!’
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“How do you say copyright in Latin?”
Effingo vox
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Crazier notions have been advanced by the Vatican, so this might have some truth to it. I am not an expert on international copyright enforcement, but I believe that there is a series of treaties to which many nations are parties which provide for some reciprocal enforcement of copyrights. If the Vatican is a party to those, then courts of other nations (the USA and EU countries?) that are parties may have jurisdiction to enforce Vatican copyrights.
Having said that, even if this story is true, I think the first time the Vatican tried to enforce this copyright the worldwide outcry from the media would be deafening. Of course the Vatican has repeatedly shown no hesitancy to shoot itself in the foot, so it might ignore the protests and take even more public relations hits on its already tattered image.
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Next thing you know they will be trying to ban contraception.
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“Next thing you know they will be trying to ban contraception.”
And fiddlin’ the altar boys.
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Bob Black
Suspect Photog/Writer
(Dreamer- Archer-Husband-Dad)
Toronto
,
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