permission denied

What recourse might someone have if permission to use a photograph of a 14th-century artwork is denied? This question is further complicated by the fact that the agency denying permission is a local city government in Italy and the person requesting permission (an American living in Italy) wants to use the photograph to publish what would be a controversial booklet that describes and explains why the famous work of art is not by the famous artist who is traditionally associated with this work. According to the author, not only was his request to use the photo denied, but the same agency also told him that he could not sell the book in the bookshop affiliated with the site where the artwork is housed.

The person requesting permission is well known for his opinions about the famous artwork through his earlier publications. He has used this image before but now has been refused permission for his next publication. He tells me that he acquired his image from a local photographer and paid for additional prints. He stated his intention regarding the use of the photo and asked all the right questions regarding permissions and royalties. The photographer required only that he be cited as the 'author' of the image. The photographer than said that permission from the local government was needed to use the photo in his publication. The editor then proceeded to obtain that permission and was denied.

Images of the artwork (and licenses for use) seem to be readily available from several agencies, including Corbis, Saskia, and AMICO, in addition to being often reproduced on the Internet. As far as I know nobody publishing one of these images (at least in the US?) needs to obtain permission from the Italian government to get it into print. Or does one? Can a government stop the use of a photograph and even dictate where a book might be sold?

I recall hearing that the Italian government was getting very much involved with controlling the use of images of its patrimony and in one article I read that they intended to copyright the Tuscan landscape. Can anyone shed some light on this situation and offer some insights about how one proceeds under the circumstances?

Here in the US we have the Bridgeman v. Corel case that would certainly arm us against an infringement claim and, of course, fair use. But what's the status of this argument in Italy?

Incidentally for anyone who has gotten through this question and is now intrigued by the scenario, the artist in question is Simone Martini, the artwork is the fresco of Guido Riccio of Fogliano (or Guidoriccio da Fogliano) at the siege of Montemassi, in the Palazzo Pubblico, Siena. The controvery regarding the attribution is described at http://bak.spc.org/everything/e/hard/text/simonem.html

Thanks in advance for any insights.

Christine L. Sundt
Visual Resources Curator
Architecture & Allied Arts Library
University of Oregon
Lawrence Hall - Room 300
Eugene, OR 97403-5249
PHONE: 541-346-2209
FAX: 541-346-2205

csundt[_at_]oregon.uoregon.edu
http://libweb.uoregon.edu/aaa/vrc/VRCinfo.html
http://oregon.uoregon.edu/~csundt/index.htm