Trudy L. Smuin
Selling photos of public buildings
What exactly are the laws for selling photos of public buildings that were taken from a public street? I'm trying to find out if I can sell a picture of a casino without a property release. The photo was taken from the street. Also, a lake photo that has homes in the background.
Insofar as I'm aware, casino's are privately owned and they are NOT public buildings in the same sense as a government building is a "publicly owned" building. With a very few rare exceptions, unless it's part of a large group of buildings in the same photo, i.e., a street scene, the answer is "no" unless you get a release from the outfit that manages the property or owners.
If the homes are private and recognizable in any manner or form, if the photo is used commercially, you need a release.
There are plenty of books discussing the law for photographers, including property ownership and the release laws. I highly recommend that if you're going to do this kind of work, that you get one or two and study up.
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