Another wrinkle about French and Italian law is that there are two rights at issue: copyright, and the moral rights of authors. In those countries copyright can be bought and sold and has a limited term, as in most jurisdictions, but the moral rights of authors are eternal and inalienable. Moral rights include the right "to control the presentation of the work to the public", which includes things like the placement of a statue, but also the right to approve photography of the work - not just the fact that you are going to make a photograph, but the technical and aesthetic aspects of the photograph after you have made it. "Presentation of the work to the public" includes non-commercial publication, although I am not aware of anyone being taken to court for putting terrible photographs of a statue on Flickr. But someone who wants to photograph a work commercially needs both the copyright owner's approval, and if the artist is not the copyright owner, the artist's approval of the final product as well.