Copyright and or Privacy question

[C.S.I.]

Hi,

Might be a stupid question.....If I were to take a photograph of say, a barn/farm scene, or an old home or building......are you prohibited from placing said photo on the web (or forum) if you did not ask for permission to take the photo from the owner of the property? How about the sale of said photo?


Regards,
Bill

[IndyJeff]

Technically, yes you need permission if the property is identifyable. If you offer it for sale then yes, you better have a release form signed by the owner of record.

[Steven M. Anthony]

You can sell the image as art without a release. If the image is to be used in an ad--or other commercial purpose (the web site might qualify if it is not just your photosite)--a property release will keep you from being sued should the owner of the barn see the photo.

[C.S.I.]

Hi,

Sorry if in wrong spot, posted this in general chat with few hits :( . If I were to take a photograph of say, a barn/farm scene, or an old home or building......are you prohibited from placing said photo on the web (or forum) if you did not ask for permission to take the photo from the owner of the property? I have never placed images on the web (like on this forum) and am a little nervous about some of my landscape shots......am I liable for placing the neighbors house on the web without his or her permission (even if there are no identifiers, ie license plates, addresses, names, people, etc)?

Regards,
Bill

[dhbailey]

WARNING: I am not a lawyer. I have never played one on TV. This is purely my personal impression from my reading of the copyright laws (mostly from a musician's point of view.)

If you can see it from the road, it's a public view and as such you don't need anybody's permission to use it. If you have to venture onto their property to take the picture, then you're treading on thin ice regarding the public use of that image. If there are any people in the picture, you will need to get them to sign a release.

If you are really in doubt the best thing is to consult a copyright lawyer (find one specializing in photography if possible) because outside of an actual court case, they are they only ones who can legally advise you.