Permission (Page 2): OK, let's get to basics. We will assume you take the photo of a home from a public location, like the street or sidewalk in front of the home. Let's further assume...

David Kay Loc: Arlington Heights IL

pdscott353 wrote:

Hello All,

I have a question about taking photographs of buildings on private property if I am on puplic property such as a roadway? The reason I am asking is there are some beautiful stone buildings where I live. I was thinking of photographing them and if possible make a calender with them. Is this something that can be done with out the landowners permission?

Thank you,

OK, let's get to basics. We will assume you take the photo of a home from a public location, like the street or sidewalk in front of the home. Let's further assume that you have every right to do so. (no permission is obtained). Now you publish this calendar, and some home owner gets their nose out of joint because you used a photo of his house. He files a lawsuit and you start defending your right to take the photo and sell it. Is it worth 5000 or 10,000 to defend your right to use that photo. Or is it better to ask for the permission and get it agreed, before you start selling?

Los-Angeles-Shooter Loc: Los Angeles

gvarner wrote:

Google it. (Hint: Google does it all the time.) 😉😉

Google, whose business model rests on massive infringement, has unlimited cash, and the biggest piracy defense 'law firm' in the country, in-house.

Los-Angeles-Shooter Loc: Los Angeles

pdscott353 wrote:

Thank you, I thought that I would cover my butt and get a release, but I was wondering if you could take the pictures with our the home owners permission.

Yes, you can.

jerryc41 Loc: Catskill Mts of NY

pdscott353 wrote:

I can run really fast.

"...faster than a speeding bullet"?

John_F Loc: Minneapolis, MN

If he gets a good lawyer, what might an expected fee amount too. The fee might wipe out any earnings.

knoxworks wrote:

A quick reply:
- Different states have different laws, some of which are nebulous.
- You can stand on public property and photograph the house, but watch out for the baseball bat.
- If you use it commercially, best to get a signed release, or perhaps a good lawyer.
- Visit this lawyer's site: www.krages.com There's a PDF there with some good info and his book is worth the money, IMHO. The book, however, does not and cannot address every issue that might arise.

Bill_de Loc: US

jerryc41 wrote:

What you're describing is fine, legally. However, if a large, angry man emerges from the house carrying a baseball bat, all legalities go out the window. Sure, you could win a lawsuit against him - when you get out of the hospital - but is it worth getting that picture?

In this case get a picture of the bloody bat. They would sell!

--

amfoto1 Loc: San Jose, Calif. USA

pdscott353 wrote:

Hello All,

I have a question about taking photographs of buildings on private property if I am on puplic property such as a roadway? The reason I am asking is there are some beautiful stone buildings where I live. I was thinking of photographing them and if possible make a calender with them. Is this something that can be done with out the landowners permission?

Thank you,

Technically, you can take photographs without permission, so long as you're shooting from a public right of way.

But, I wouldn't. I'd talk to the owner as common courtesy. In all likelihood, they would be happy to let you shoot the property and you might even get access to better angles that you can from the right of way.

But... especially if you intend to use the images commercially, i.e. selling a calendar that includes them... you must get a signed release.

Sample releases can be found here: https://www.asmp.org/property-model-releases/

11bravo

My experience, showing respect opens a lot of doors, even if you don't speak the same language. As stated, better angles, even lunch, history... But I've only shot for personal use.

Timmers Loc: San Antonio Texas.

pdscott353 wrote:

Hello All,

I have a question about taking photographs of buildings on private property if I am on puplic property such as a roadway? The reason I am asking is there are some beautiful stone buildings where I live. I was thinking of photographing them and if possible make a calender with them. Is this something that can be done with out the landowners permission?

Thank you,

In the state of Texas you can photograph from public property anything that can be viewed from that public property as long as there is no privacy visual barrier erected to obstruct your view. A privacy fence/barrier must be at least 6 feet in height to be a legal privacy barrier. Yes I have had the police called on me, be nice to the police and don't create conflict for them and you will be fine, they will explain the law to the dunder heads.

splatbass Loc: Honolulu

My understanding is that you would need a property release if you used it in a commercial or advertisement, but not if you sell it as art. Same for model releases. Many street photographers sell their candid photos as art without model releases. Is a calendar art? I don't know.