Legality of Photographing Homes

TreySpooner

Senior Member
I was recently contacted by a client of mine, who is a real estate agent. He is wanting to build what amounts to a stock gallery of homes in various local neighborhoods to use on his website to show what homes in the various neighborhoods look like. For example, if someone was looking for a home in the Seven Oaks neighborhood, they could navigate to that page, and see some generic photos of homes in the area.

My question is, what is the legality of photographing these homes for commercial use (he will be paying me.) In some cases, this is do able from public property, but the homes would likely be identifiable. Also, some neighborhoods are gated, and the neighborhood itself is managed and private property, which would make photographing in them very difficult, legally. What about the public neighborhoods?
 

RocketCowboy

Senior Member
I agree with Sparky. I'm not a lawyer, but my understanding is that any commercial photography needs a property release. I would definitely check with a lawyer to be safe.


Sent from my iPad using Tapatalk
 
It is legal to shoot from public property BUT some home owners might not like you taking photos of their neighborhood or their house and may call the cops. I am not sure how it is in California but here in Alabama it might get you shot.
 

480sparky

Senior Member
Let's not address US law only. This is an international forum. In some countries, doing this might gain you a stay at the Graybar Hotel.
 

TreySpooner

Senior Member
He is in the US though. California if his IP address is corect.
You guys are sneaky. Yes, California, USA. I suppose I should have specified since this is obviously a jurisdictional thing.

Also, I do plan on consulting some professional legal advice, I'm just looking for advice from the photographers perspective.
 

RobV

Senior Member
google does it all the time, from the street i think it is public.
...and property owners can contact Google and have images of their property blurred out.

I think Google Street View (or whatever Mapquest has) would provide potential clients with everything they need to assess a neighborhood.
 

Ruidoso Bill

Senior Member
...and property owners can contact Google and have images of their property blurred out.

I think Google Street View (or whatever Mapquest has) would provide potential clients with everything they need to assess a neighborhood.

not worth recreating the wheel...
 

carguy

Senior Member
He is in the US though. California if his IP address is corect.
IP address location means nothing.

You guys are sneaky. Yes, California, USA. I suppose I should have specified since this is obviously a jurisdictional thing.

Also, I do plan on consulting some professional legal advice, I'm just looking for advice from the photographers perspective.
For things like this, legal advice is best. Too many people on facebook groups and forums count on the advice of random strangers in cyberspace.:)

It's an interesting question, please keep us posted!!
 

Roy1961

Senior Member
Contributor
I have asked 4 cops here in cali, they told me it is ok to take pictures of houses as long as you are on the sidewalk or street, do not encroach on their property to take them or you are in trouble, they (the home owners) may not like it (would you?) but nothing they can do abut it.

I ask the cops (again) about this after being confronted from a home owner who saw me shooting at a bird on his fence and thought I was shooing his home, he still accused me of shooting his home after I showed him the pictures I took, he threatened to call the cops, i told him to go ahead, I had already asked them the law on it, he then told me not to drive on "his" street again, I told him its a pubic road and I can drive on it when ever I wanted. I think he had something to hide? lol
 

carguy

Senior Member
I have asked 4 cops here in cali, they told me it is ok to take pictures of houses as long as you are on the sidewalk or street, do not encroach on their property to take them or you are in trouble, they (the home owners) may not like it (would you?) but nothing they can do abut it.

I ask the cops (again) about this after being confronted from a home owner who saw me shooting at a bird on his fence and thought I was shooing his home, he still accused me of shooting his home after I showed him the pictures I took, he threatened to call the cops, i told him to go ahead, I had already asked them the law on it, he then told me not to drive on "his" street again, I told him its a pubic road and I can drive on it when ever I wanted. I think he had something to hide? lol

Police officers are not a very good source of information for the OP's question;

My question is, what is the legality of photographing these homes for commercial use
 

Horoscope Fish

Senior Member
I'll preface this by saying I'm not a lawyer and I'm not dispensing advice.

I know the law in California clearly states if I'm in a public area and I can see it, I can photograph it. Period. This includes shooting homes, cars, activities on the front lawn or even inside the house. As long as I'm clearly on public property, I can shoot what I see. People may not like that that's the law, but it's the law nonetheless. People have a right to privacy but it's also up to the individual to guard their privacy to a reasonable degree. Paparazzi photographers exploit this fact all the time, shooting ONTO private property from a location that is public property and getting shots many would call invasive. Tacky, but not illegal.

Now if I'm on private property and I am asked not to take pictures, I am obligated to honor that request. This includes posted signs. Government building and such may be photographed from a public location (photographing them from a public vantage point does NOT constitute a terrorist threat (I've been approached by Security Officers using this line but never a sworn Police Officer and when pressed on the matter, or when I've requested sworn law enforcement to come to the scene, they've always backed down and simply "requested" I not take photos)) but they may post signs restricting, or forbidding, photography which of course must be respected.
 
Top