Can I legally publish photos of houses I photographed during a home tour?
Asked 9/6/2011
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2 answers
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I took photos inside display homes during a home-design tour where photography was allowed. I’d like to post the images online to share architectural ideas that inspire me.
Are photos of someone else’s property generally legal to publish? Does it matter that the photos were taken while on private property with tour access? If a house or design is identifiable, does that change anything? Also, if the ticket terms included photography restrictions but nothing was separately signed, could those terms still apply?
Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0
Photography Stack Exchange contributor
14y ago
2 Answers
8
The Short answer is No, you don't need permission: The following is from danheller.com's advice on photos of trademarked and copyrighted works:
The reason property tends to rarely ever need a release is because inanimate objects like buildings, unlike people, are not legally protected under publicity or privacy laws. Regardless of what the property is—a pet, a house, a building, or a work of art—such items do not require a release because they don't have inherent rights of privacy or publicity like people do. That they are owned by people is entirely irrelevant. People have rights of privacy and publicity because they are specifically written as laws. In no federal or state statutes is the word "property" used along side of "persons", "privacy" or "publicity."
So, though it may shock you to hear it, there is no such thing as a "property release." Well, they certainly exist, but they are almost all entirely useless legally. That's right, I said, "almost." Such items can be protected, and the mechanism to do so is via copyright and trademark registration. All this translates to a rather simple rule: property has no protections (hence a photo of property can be published) unless that property is protected by copyright or trademark. But it's not that simple either—the copyright and trademark protections only apply if the photo of the article could imply an association with the publisher. And that brings us full circle to the first paragraph above. So, the easy way to think of this stuff is this simple process:
- Does the photo of the "thing" imply an association or advocacy of whoever puts the photo into use?
- If so, is that "thing" protected by copyright and/or trademark?
- If so, is the nature of the copyright or trademark one in which the test for "association" (step one) could harm or otherwise misrepresent the owner of the "thing?"
Originally by user14240. Source · Licensed CC BY-SA 4.0
user14240
13y ago
0
Generated from our catalog & community — verify before relying on it.
Generally, photos of houses and other property can often be published because property itself does not have privacy or publicity rights the way people do. In the U.S. and Canada, non-commercial publication is usually less problematic than advertising or other commercial use, which may require additional permission.
That said, there are important limits:
- Laws vary by country and jurisdiction.
- Some buildings, designs, or artworks may have additional protections.
- Because you were on private property, any conditions attached to the tour or ticket may matter.
- Even if nothing was separately signed, ticket terms can still function as a condition of entry or an implied contract.
So the practical answer is: you may be allowed to publish them, but it depends on local law and the tour’s terms. The safest next step is to contact the tour organizer and ask for their policy. If you plan any commercial use, or if the images could raise a dispute, get legal advice in your jurisdiction.
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