Is shooting exteriors legal?

Discussion in 'Photography Beginners' Forum' started by tonycroatia, Apr 4, 2016.

  1. tonycroatia

    tonycroatia TPF Noob!

    Joined:
    Mar 24, 2016
    Messages:
    17
    Likes Received:
    1
    Can others edit my Photos:
    Photos NOT OK to edit
    Hi everyone! So i making real estate photography portfolio and i need some photos to put on my website, i saw a lot beautiful houses in my neighborhood so can i shoot house and put in my website without permission?


     
  2. 480sparky

    480sparky Chief Free Electron Relocator Supporting Member

    Joined:
    Mar 8, 2011
    Messages:
    24,671
    Likes Received:
    8,740
    Location:
    Iowa
    Can others edit my Photos:
    Photos NOT OK to edit
    If:
    1. You're in the US and
    2. You take the image from public property (ie, the street, sidewalk etc),

    Then yes. However, don't be surprised if you end up involuntarily chatting with the local constabulary.

    I have no comment if you're outside the US.
     
    • Agree Agree x 1
  3. JoeW

    JoeW Been spending a lot of time on here!

    Joined:
    Dec 17, 2013
    Messages:
    1,870
    Likes Received:
    901
    Location:
    Northern Virginia
    Can others edit my Photos:
    Photos OK to edit
    I'm not a lawyer nor do I play one on TV. And as 480Sparky pointed out, where you are in the world matters on this. Yes, you can shoot buildings that are viewable from public space (like a sidewalk or road). However, the owner (or a HOA) may have the ability to argue you're loitering.

    While you could just take pictures from the sidewalk, I'm not sure what this does for you. Some of the shots that real estate agents are more likely to want will be good INTERIOR shots. Additionally, what I think would be very powerful for you is a short article on your website/portfolio that talks about composition and shooting angles...so a shot of the house from a cellphone...okay...then the same house in better light, slightly different angle, some post production and "oh, wow!"
     
  4. chuasam

    chuasam Been spending a lot of time on here!

    Joined:
    Feb 9, 2012
    Messages:
    3,588
    Likes Received:
    927
    Can others edit my Photos:
    Photos NOT OK to edit
    No, you need a property release to use the images on your website...if it is commercial usage. If it's fine arts work then whatever.
     
  5. robbins.photo

    robbins.photo Yup, It's The Zoo Guy Supporting Member

    Joined:
    Oct 3, 2013
    Messages:
    11,518
    Likes Received:
    4,786
    Location:
    Louisville, Nebraksa - United States
    Can others edit my Photos:
    Photos OK to edit
    My best legal advice is that one should never ask for legal advice in an internet forum. Spend a few bucks on a lawyer. It could save you a huge amount of money and heartache later on.
     
    • Agree Agree x 1
  6. Watchful

    Watchful No longer a newbie, moving up!

    Joined:
    Mar 16, 2016
    Messages:
    1,130
    Likes Received:
    255
    Location:
    Arizona
    Can others edit my Photos:
    Photos NOT OK to edit
    The places you can not photograph even if public property are the places a reasonable expectation of privacy is warranted. Restrooms, changing rooms, dressing rooms, showers, baths, etc.
    The places a person with common sense and decency wouldn't take a camera anyhow.
    To create a real estate portfolio, shoot your house, friends houses, and those of family.
    I did RE for a while and found agents don't know the difference between good and bad photos and don't care, for the most part. They want sales, not additional costs.
    If you find one that does care, see if you can work with them on a contingency basis to form a relationship and trust and soon they'll be sending you around town for assignments.
     
    Last edited: Apr 4, 2016
  7. ronlane

    ronlane What's next? Supporting Member

    Joined:
    Aug 3, 2012
    Messages:
    10,022
    Likes Received:
    4,597
    Location:
    Mustang Oklahoma
    Can others edit my Photos:
    Photos OK to edit
    Why not just go up and ask them if it is in your neighborhood? Just explain what you are trying to do and offer them a copy of it. The worse they could say is no and then you can move on to the next house.
     
    • Agree Agree x 1
  8. robbins.photo

    robbins.photo Yup, It's The Zoo Guy Supporting Member

    Joined:
    Oct 3, 2013
    Messages:
    11,518
    Likes Received:
    4,786
    Location:
    Louisville, Nebraksa - United States
    Can others edit my Photos:
    Photos OK to edit
    Well depends on your neighborhood, because worst case scenario in some neighborhoods is "Hey, that camera looks expensive" followed by gunshots. Lol
     
  9. ronlane

    ronlane What's next? Supporting Member

    Joined:
    Aug 3, 2012
    Messages:
    10,022
    Likes Received:
    4,597
    Location:
    Mustang Oklahoma
    Can others edit my Photos:
    Photos OK to edit
    I guess that is always possible.
     
    • Like Like x 1
  10. KmH

    KmH In memoriam Supporting Member

    Joined:
    Apr 9, 2009
    Messages:
    41,401
    Likes Received:
    5,697
    Location:
    Iowa
    Can others edit my Photos:
    Photos OK to edit
    Maybe in Canada, but here in the US, not if you the made the photo from public property.

    Plus, here in the US photographers are allowed to publish images not made in private nor under controlled conditions for the purpose of self-promotion and self advertising without a model or a property releases.

    See also: Rock and Roll Hall of Fame vs Charles Gentile.
     
    • Agree Agree x 3
  11. robbins.photo

    robbins.photo Yup, It's The Zoo Guy Supporting Member

    Joined:
    Oct 3, 2013
    Messages:
    11,518
    Likes Received:
    4,786
    Location:
    Louisville, Nebraksa - United States
    Can others edit my Photos:
    Photos OK to edit
    For the OP:

    I'd still recommend you spend a couple of bucks and consult a lawyer. I've seen plenty of sites that recommend you get a property release first, some that say it isn't necessary, ad infinitum.

    The thing to keep in mind is that even if your in the right, that doesn't mean you can't get sued. If it were me? I'd err on the side of caution, get a property release, have a lawyer look it over and make sure I had a signed copy from the property owner before using the images on my website.

    Could I win a lawsuit if I did otherwise? Sure.. maybe. Do I really want to spend a ton of money on a lawsuit like that for a couple of images on a website, possibly running the risk that I get a judge who decides to side with the property owner? Umm.. nope.
     
  12. table1349

    table1349 Been spending a lot of time on here!

    Joined:
    Sep 9, 2006
    Messages:
    0
    Likes Received:
    4


    Lawyer.jpg
     

Share This Page