Monthly Archives: July 2011

Tuscan town tries to copyright its landscapes

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The township of San Quirico D’Orcia, in the heart of one of the most picturesque stretches of Tuscany, wants to copyright its views and landscapes. These are some of the most iconic views of this area (many of which appear in my book In Tuscany, with Frances Mayes).

Although it sounds ridiculous, you have to have sympathy with the events that brought about this extraordinary move….the place was tired of its image being exploited by commercial concerns like Monsanto, which used beautiful images of the area to promote its genetically modified crop seeds, and other promotional uses.

The move is not without precedent in our own country…the Pebble Beach Golf Course near Monterey, California has trademarked the Lone Pine tree, a beautiful tree out on a promontory that had been photographed (and published) by just about everybody. So take a picture of this tree and publish it, and you may hear from Pebble Beach’s lawyers.

There is some speculation that what the town wants to do is to trademark, not copyright, their views. Often, in Italy, the terms “copyright” and “trademark” are used interchangeably.

Whatever the term, it’s going to cast a pall on shooting in this beautiful area….sure glad I did it when I did.  Below is a translation of the article I found on the iStockPhoto forums….I can’t vouch for the accuracy of the translation, especially that last sentence, which from its  grammatical construction would seem to want to say that editorial use would not be punished (although the translation says just the opposite).

San d’Orcia Quirico put the copyright on itself. His celebrated glance, starting from the crown of cypress trees, now risen to an emblem of quiet rural absolute, can no longer be used to advertise mattresses and mineral industries, and even corporations that produce GMOs, as it happened in the past: who will film must request permission 15 days in advance and, if this is granted, will be in place, however, the obligation to “acknowledge the source” of beauty that will be put on display, San Qurico same. 

 The city council of the town of Siena, Unesco World Heritage, with the valley of which has been, since 2004, has approved the rules last week, everything is already operational. The 2,500 inhabitants of the village located on the Via Cassia, between Pienza, Montalcino and Monte Amiata, were sad to see the exploitation of images of their carpet birthplace: the church of Vilatela, the hill of Podere Belvedere and above the cypress trees. “We saw them everywhere – says the Head of Tourism, Christian Pilgrims – Posteitaliane by a manufacturer of mattresses, a well-known brand of mineral water that Umbria has built over the whole packaging is in German hotels that advertised them as the ‘view’ hotel …”. 

The most prominent case in 2007, when Monsanto, the multinational GM seed, used the iconic vision, aware of its potential evocative of the bucolic world perfect, that the production of GM crops was far from being able to represent. The administration sent a letter of formal notice to the company, which stopped using the image. But this was the straw breaks the camel’s capable of and now, after 4 years and for a change of leadership of the country (now there’s the PD) has reached the decision that puts an end to the exploitation of “deception” of the natural and architectural beauty San Quirico. 

“This is not want to penalize anyone – says councilor for productive activities Mauro Taddei, promoter of the initiative – there is only the desire to protect the territory from the unfair use, as sometimes happened, seeing at last recognized the principle of reciprocity”. 

As mentioned, the permission for commercial or advertising purposes must be requested at least 15 days before the shooting and the municipal manager of the service, then notify in writing the acceptance or not. Image advertising must also be marked “Recovery or photograph taken in San Quirico d’Orcia”. When shooting photos or unauthorized or improper use, administrative penalties in addition to compensation for any damage caused. 

But what will happen to the tourists who get to take pictures, maybe with a tripod? “They can rest assured, there will be no ‘censorship’,” reassures Pilgrims, “which prohibits any alert, or trade unions about what you are photographing or filming, any counter-measures will be taken back.” And even the exploitation of professional beauties of the village “positive” (architectural photography, travel, which obviously must cite the source), will be penalized in any way by the new regulation. 

Here’s the original article in Italian

If you read Italian, perhaps you can check the last graph and get back to us!