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If you take for example a picture of a church and there are some people in fron t of it within the picture, it's legal. If your main aspect are the people in fron of the church, it's not legal. That easy.
A magazines counts different: If a paparazzi photo is published, and the magazines will sell 40.000 time more copies which makes an earning of for e.g. $60.000 but the have to pay the girl/guy for this $30.000 (as the court will deceide) they are still on the winning site :D
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