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photographing homes
Posted by: jeberly (IP Logged)
Date: July 2, 2011 09:22PM

What does the law say concerning residential photography for editorial vs. commercial use?

If a photographer takes a photo without written permission, of a log cabin or house then sells the photo to a publication, can he have legal problems if the homeowner recognizes his home in a publication?

What if a homeowner recognizes his home on a calendar, poster, coffee cup or other commercial product?


Re: photographing homes
Posted by: bhuber (IP Logged)
Date: July 5, 2011 08:56PM

Hi. There are two parts to your question. One part I know about –the editorial part.
Every pro editorial stock photographer knows there’s no permission required to take a picture of a log cabin or home, or boat etc., and then license it to a publication. (First Amendment, Freedom of the Press). There might be a complication for example if the publication is an instrument of public relations for, say, a car manufacturer. But then the photo editor at the magazine will let you know a release would be needed, because of the commercial nature of their trade publication. Otherwise it’s rare that you’ll find publishers of magazines or books asking you for a model or property release if they are going to use your photo for editorial purposes like to illustrate a story.
Hope this helps. –Ben H

Re: photographing homes
Posted by: Roger Hamilton (IP Logged)
Date: July 8, 2011 08:15PM

The other side of the question is...
if you are going to put the picture on coffee cups,t-shirts, posters -this is commercial use...and the owners of the house should share in the revenue. You would need a property release for this kind of stock photo selling. --Roger



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