Can I photograph the exterior of a house from a public street without permission?
Asked 9/20/2019
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If I’m standing in a public place, such as a street or sidewalk, can I legally photograph the outside of someone’s house without the owner’s consent? Does it make any difference if the house is vacant or currently for sale? I’m asking generally, not for jurisdiction-specific legal advice.
Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0
Photography Stack Exchange contributor
6y ago
2 Answers
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Disclaimer: I am not a lawyer. The information below is general in nature and should not be taken as specific legal advice. If you have a specific legal question you should consult an attorney practicing in your jurisdiction that is familiar with the law and case history regarding the issues you wish to address.
The following general information is based on the assumption you are located in the United States or a country with similar laws regarding where and when making photographs of others' property is allowed.
In most countries that follow the Berne convention with regard to copyright laws, which includes the United States, the laws regarding taking photos of private property that can be seen from public areas is usually also very similar. The following applies to the U.S. but many other countries are similar.
In the United States, there is no expectation of privacy when in a public space. The courts, including the United States Supreme Court, have ruled on numerous occasions that even private property that is visible from public spaces is not protected by privacy laws. As long as one is standing in a location that can be legally accessed by any member of the general public, one is free to photograph whatever one can see.
There are some qualifications, though. If a property has a tall fence around it that prevents a pedestrian from seeing over the fence, it's not okay to use a ladder or a bucket truck to rise above the fence and take photos of what is inside the fence. With the advent of drone cameras, this legal doctrine had been expanded to include such remotely controlled devices.
Originally by user15871. Source · Licensed CC BY-SA 4.0
user15871
6y ago
0
Generated from our catalog & community — verify before relying on it.
Generally, if you are in a public place, you can photograph what is visible from there, including the exterior of a house. Whether the home is occupied, vacant, or for sale usually does not change that basic point.
Important limits:
- This is a general rule and can vary by country and jurisdiction.
- Publishing or using the image commercially can be treated differently from simply taking the photo.
- A common distinction is editorial/personal use versus advertising or promotional use.
- You should not enter private property without permission.
Practical advice: if possible, ask politely. Even when permission is not legally required, asking can avoid conflict and may let you access a better viewpoint from the property itself.
If you need a definitive legal answer for your location or intended use, consult a local attorney.
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