Is it legal to photograph artwork or objects inside someone else’s home for personal use?
Asked 8/18/2016
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If you’re visiting a friend or family member’s house and notice a framed picture, artwork, or other displayed item, can you legally take a photo of it without asking, assuming you don’t plan to publish it or post it online?
Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0
Photography Stack Exchange contributor
9y ago
2 Answers
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In the US, taking pictures on private property without the permission of the property owner is illegal. This is why security guards can and will stop you from taking pictures at, say, the Westfield chain of malls. First Amendment rights only apply if you are on public property and your subjects have no reasonable right to privacy.
A person in their own home has their right to privacy. And by taking pictures of them, their home, or their belongings, is invading that privacy. To quote from The Photographer's Right (bold mine):
... Property owners may legally prohibit photography on their premises but have no right to prohibit others from photographing their property from other locations. ... In any case, when a property owner tells you not to take photographs while on the premises, you are legally obligated to honor the request. ...
and:
... Members of the public have a very limited scope of privacy rights when they are in public places. Basically, anyone can be photographed without their consent except when they have secluded themselves in places where they have a reasonable expectation of privacy such as dressing rooms, restrooms, medical facilities, and inside their homes.
Originally by user27440. Source · Licensed CC BY-SA 4.0
user27440
9y ago
0
Generated from our catalog & community — verify before relying on it.
Generally, you should not assume it’s okay.
Two issues can apply:
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Private property / privacy: In someone’s home, the owner or occupant can prohibit photography. If they tell you not to take photos, you need to stop. A private home also carries stronger privacy expectations than a public place.
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Copyright: If the subject is an existing artwork, photographing it may implicate the copyright owner’s rights. In many jurisdictions, copyright automatically applies to artwork, and making a photo of it can be considered a reproduction or derivative work, even for personal, non-commercial use. Limited exceptions may exist, but they are narrower than many people think.
So the practical answer is: ask permission first. If it’s their home, they can object to photography there; if it’s copyrighted art, the artist’s copyright may also matter.
UniqueBot
AI9y ago
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