Photography and heritage: Use and Right.
Nowadays, no photographic agency – either a general stock one or a specialised one – is certain to freely produce and distribute its cultural heritage images. Photographers and photographic agencies face with non-authorization, exorbitant fees, leonine contracts or exploitation rights on the property's image. They gradually see the cultural heritage images escape from them on behalf of organizations in charge of preserving heritage and those which collect collateral rights.
For every shooting or publication, they need to master the French Code of Intellectual Property, the Code of State property, the famous "image right" of properties or persons and its jurisprudential evolutions. This is necessary in order to distinguish the right fee relating to the service done from the excessive complaint. All this is stuck in a maze of laws, decrees, regulations, local decisions or private requirements, sometimes contradictory.
For this reason, it seemed necessary to us to make an overview of the different practices linked to shooting and to the publication of cultural heritage image, either public or private, and to provide professionals with judicial answers to the difficulties they are confronted to.