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Demaestro - 4:21 pm on Jul 11, 2007 (gmt 0)
I agree that it should be fine but not for the reason given above. Search the Internet for Metallica songs and there are 20,000+ files out there. I also doubt that that many people asked.... they are still not authorized to be there. The initial poster is correct... if you are in a public place then you can take a picture of what ever you want. Monument included. Think of it this way.... you aren't copying the art..... you are creating a new piece of art by simply taking a photo. In fact if you take a picture of the monument and the monument artist wants to use your photo of it he has to ask you permission to use your photo of his art.
In your example of the Smith statue I would guess go ahead and do it, the reason being, search for an image of Eifel tower there are 5000+ on G and tour Eifel 15,000+. It seems unlikely that 20,000+ people asked permission from the heirs of Mr Eifel to put the image on their web site.