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Photography Question 

Earl Blansfield
 

Photos of Private Buildings


There are a few privately owned buildings and farms that I would love to capture on film. Are there any legal ramifications to entering photos like this in photography contests? Do I need permission from the owners? Just curious!

Thanks

Earl


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May 10, 2005

 

Jon Close
  Not an expert and I could be wrong, but ...

To shoot on their property, you need permission. From a public area (eg. road), no permission needed.

Once the photo is taken:
For your own personal use (eg. framed print, in an online gallery, entered in contest), or editorial use (eg. published in newspaper accompanying story about the building/owner/etc.) no permission needed.

I believe permission is needed if you use the image commercially - eg. on a commercial website, in a brochure touting your services, image sold as stock photo, prints sold as art, etc.


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May 10, 2005

 

Irene Troy
  Earl, I am also not an expert on this topic; however, I can speak from the side of the property owner: we have a small farm in an area where farms are quickly disappearing. Our horses, goats and other animals are often appealing to local photo buffs. As a budding photographer I am always of 2 minds about this. I welcome those who ask before they just come onto the property. I will help them, if I can, by rounding up the horses or goats; showing them places where the light can be good, etc. If they are simply making shots for their own personal use I say go to it. However, if people come onto the property without asking; if they bother the animals; if they interfere with the work or if they go into our barns without permission, I am very likely to get pretty angry. All of these things happen with some frequency. We had a really cool old barn [it was over 250 years old] that was attractive to would-be photographers. Last year some guy came onto the place without our permission, made some shots, and then left the gates open which meant that some of our animals got loose onto the road. The only way that I ever knew who had been on our place was because he entered his shot in a contest and won 2nd prize. Our lawyer [who is also our neighbor] told us that we could report the guy to the sponsors of the contest and that he might have been disqualified. We could have also reported him for trespass. In the end all I did was write the guy a note saying that as a fellow photo buff I thought that his actions were a poor reflection on the ethics of all photographers. My opinion is that if in doubt, ask permission or give up the shot.


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May 10, 2005

 

Earl Blansfield
  Thanks for the help Jon and Irene. I wouldn't think of going on someone's property without their permission. The shots I want are of private building but taken from public land. But what you have said makes sense, so I will just ask permission to be safe.


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May 10, 2005

 

Bob Cammarata
  I can relate to Irene's concerns and frustrations. Private property is just that.
As a fisherman,...(and when I was younger and a bit more foolish) I've often ventured onto private stretches of streams in search of "un-hassled" wild trout. Sometimes this intrusion was accidental,...sometimes not.

The landowners with whom I've had contact were consistant, in that their main concern was that I had not asked their permission first.
Now that I'm older and a bit wiser,...(and a property owner myself), I realize that once you step off a public road or sidewalk onto someone's personal property without their permission, you are trespassing.

But as Jon pointed out, as long as you are standing on a public thoroughfare and your intentions are not for monetary gain you should be able to post the photo to a competition.

The rules of the contest should also dictate whether or not property releases are required.


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May 10, 2005

 

Earl Blansfield
  Thanks Bob, I appreciate your help!


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May 11, 2005

 
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