BetterPhoto Q&A
Category: Getting Model Releases

Photography Question 

Deanna L. Nichols
 

Photographing Private Property


I understand that one needs permission to photograph on private property. My question is about photographing private property without actually being on the property. Last December, I shot several rolls of film capturing Christmas light displays all over town, both public and private displays.
I shot from the street or sidewalk. I didn't ask permission to photograph, though in the few cases that someone came out of their house, they were uniformly thrilled that I was photographing their light displays.
I got some great shots, and would like to use some for holiday cards. Others might have potential for a show or a book. (A writer friend of mine wants to do a coffee-table type book with me. I'm not sure I'm big on the idea, but would consider it.
But thinking about that, I get concerned about the lack of permission, and if there could be potential problems with that. It could be hard to find all of these houses again, since I'm horrible at keeping notes of what I shoot, and they look very different without their light displays.
Anyone have any info/advice about the legal parameters here?


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July 23, 2005

 

Brendan Knell
  I'm pretty sure that as long as you took the photo on public property, then you do not need permission.


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July 23, 2005

 

Joe Jarosz
  Legal issues are always tough (any lawyers in the crowd?), but generally, private property would require a property release. It might depend on what you are using it for though. For example, if you took a picture of a nice house at Christmas and ended up selling it to someone who used it for an ad on drunk driving ... that would be bad. If you are featuring it in a coffee-table book, maybe not ... but ... then again maybe the owner is a private person and wouldn't want their house distributed in a book. Better safe than sorry: get a release for private property. By the way, that can include anything private. I've read and heard the same thing if you take a picture of someone's dog, for example. It's private property, need a release (no, not from the dog but from the owner ... paw prints not acceptable).
BTW, there are a number of threads on this here at BetterPhoto. Do a search on property releases, and I'm sure about 10 will come up.


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July 24, 2005

 

Terry R. Hatfield
  You need a release form signed for photographing private property, Deanna. If the people were pleased that you were taking images of their light display, I'm sure they would be happy to sign a form. Offer then a batch of cards that they can use for Christmas. Be honest with them of your intentions with the images :-)


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July 24, 2005

 

Deanna L. Nichols
  Thank you for your responses--I sort of figured I would need a release to use the images.


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July 24, 2005

 

Sharon Day
  Here is a good link on photographer's rights.

http://www.krages.com/phoright.htm


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July 25, 2005

 
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