Well, this guy is in Australia, and I can’t comment on their laws, but as a US litigator I guarantee it would not be the photographer’s “last penny” that would be gone if filed here. Courts routinely award fees and penalties for frivolous lawsuits, and this would plainly be one.
Posting photos of homes to Instagram
- Thread starter dsmith76
- Start date
RuudF
Well-Known Member
If I am correctly informed, anything you can view from the street is free to photograph.
And these homes are photographed for a realtor for the purpose of sale.
The current as well as the future owner have a interest in good pics for the sale to go through. I doubt they will object, maybe a neighbour.
Ruud
And these homes are photographed for a realtor for the purpose of sale.
The current as well as the future owner have a interest in good pics for the sale to go through. I doubt they will object, maybe a neighbour.
Ruud
Michael Ainsworth
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The general laws in Australia.
Photographing people in a public space (for non-commercial uses)
As a general rule, taking photos of people and places in a public area does not require permission.
But there are some big legal caveats.
We have no right to individual privacy in Australian law – this probably comes as a surprise to a lot of readers, but there you have it.
Photographers, generally speaking, can freely photograph everyday situations, people and places, as long as they aren't breaking any other laws (such as trespassing).
Say you're out in the city working on that photo essay of yours. You can photograph people in a public area, and it's perfectly legal to do so.
Things become complicated when you're in private property, as you may be trespassing and you should leave when asked to do so by the landowner. This also applies to shopping centres, and other privately owned areas.
So even areas you may have thought were public, like a busy shopping centre, are actually not public areas. So photographers, beware!
What exactly is public space?
Public space consists of areas that are not privately owned or occupied, such as public parks and streets. Shopping malls are not public areas, they are owned by large (read potentially litigious) corporations.
You can, however, photograph private spaces from a public space, such as a home or homeowner from the footpath across the street. But you can't take images of the person inside their home, (like through a bedroom window). It would have to be if that homeowner was at their front door, at the gate or walking to their parked car on the street.
Photographing people for commercial uses
Photographing people for commercial use does require some documentation. This would include for an advertising campaign for example.
Usually getting a model release form signed by your subject/subjects covers this. Avoid taking images of people without their permission for commercial purposes; you need someone's authorisation to use their image to sell a product.
Listen to police, but know your rights
Well, if police find you to be a public nuisance, then they have every right to ask you to leave the area. Broadly speaking though, you are within your rights to take images. But it's usually wise to listen to police directions and act accordingly – (as a broad rule, even if you're within your rights, listen to the guy/girl with the gun).
You've also got to remember that professionals often need to document people for the sake of the public interest (as in covering important newsworthy events and issues).
Photographing people in a public space (for non-commercial uses)
As a general rule, taking photos of people and places in a public area does not require permission.
But there are some big legal caveats.
We have no right to individual privacy in Australian law – this probably comes as a surprise to a lot of readers, but there you have it.
Photographers, generally speaking, can freely photograph everyday situations, people and places, as long as they aren't breaking any other laws (such as trespassing).
Say you're out in the city working on that photo essay of yours. You can photograph people in a public area, and it's perfectly legal to do so.
Things become complicated when you're in private property, as you may be trespassing and you should leave when asked to do so by the landowner. This also applies to shopping centres, and other privately owned areas.
So even areas you may have thought were public, like a busy shopping centre, are actually not public areas. So photographers, beware!
What exactly is public space?
Public space consists of areas that are not privately owned or occupied, such as public parks and streets. Shopping malls are not public areas, they are owned by large (read potentially litigious) corporations.
You can, however, photograph private spaces from a public space, such as a home or homeowner from the footpath across the street. But you can't take images of the person inside their home, (like through a bedroom window). It would have to be if that homeowner was at their front door, at the gate or walking to their parked car on the street.
Photographing people for commercial uses
Photographing people for commercial use does require some documentation. This would include for an advertising campaign for example.
Usually getting a model release form signed by your subject/subjects covers this. Avoid taking images of people without their permission for commercial purposes; you need someone's authorisation to use their image to sell a product.
Listen to police, but know your rights
Well, if police find you to be a public nuisance, then they have every right to ask you to leave the area. Broadly speaking though, you are within your rights to take images. But it's usually wise to listen to police directions and act accordingly – (as a broad rule, even if you're within your rights, listen to the guy/girl with the gun).
You've also got to remember that professionals often need to document people for the sake of the public interest (as in covering important newsworthy events and issues).
Michael Ainsworth
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Further information on your rights can be found on Australia's Arts Law website, which provides a handy pdf guidebook. It's worth reading!
The NSW Media Policy Rulebook can be found here.
The NSW Media Policy Rulebook can be found here.
Bxr532001
M A 2 Pilot
As a photographer, I own the the images the moment I take the photos and they are copyrighted. What you do with them is at your discretion.
I do the same work up here in Canada. I wrote it into the contract that i have full rights and can use them for anything i need. Some agree some don't.
spsphotos
Well-Known Member
I love all the misinformation. As a photographer for over 16 years who just recently got into drones, I can give my MY insight on how the law works, at least where I live (NY) when it comes to photography. Since drones are technically just flying cameras I would think the same rules apply. I do street photography and run into this type of issue all the time.
First, if it can be seen from any public property it can be photographed. This goes for the property, people, objects, structures, etc. I've never heard of any place in the United States where this does not apply. Some authorities who are not up to speed on the law may TRY to tell you otherwise, but they would be wrong....but best to NOT argue with police as they can then get you for other "offenses". You can politely try to educate them (I keep a copy of the photographer's rights in my bag). There is absolutely NO legal expectation of privacy if you can be seen from the sidewalk (or air since that is also "public" and cannot be "private"). Airspace is the sole domain of the FAA. PERIOD. So their rules outrank any local laws in that regard.
This does NOT mean you can photograph INTO someone's dwelling beyond what is visible to the naked eye from a public location. So no "Peeping Tom's" with zoom lenses. People do have a legal expectation of privacy in their own dwellings. (Of course, if they are standing butt naked in the window that sort of negates that expectation of privacy.
)
So, anyone telling you you need permission to photograph someone's home from either the street or the air is flat outright wrong. Think about it logically. If that were the case, then taking a picture of a street would be illegal. This would make almost EVERYONE with a phone who has posted a picture of their neighborhood or someone in front of a house a criminal.
Now to get to the OP's actual question. If you did not sign a contract that gave the copyright or exclusive use rights to the realtor you are free to do with your images what you will. IF you did do that, I really hope you got paid really well for it. I would NEVER give up my copyright or usage rights unless I was going to be well compensated. And even then think hard on it. I doubt very you did, but I hope not. You can post away all you want on any platform you want if you own the copyright of the image and there is no contract explicitly forbidding you to use the image. There are those occasions where a client might request the copyright or ask for exclusive rights (usual for a set amount of time) but I doubt this is the case here. So if none of those caveats apply, you can use the images for self-promotion with no worry.
First, if it can be seen from any public property it can be photographed. This goes for the property, people, objects, structures, etc. I've never heard of any place in the United States where this does not apply. Some authorities who are not up to speed on the law may TRY to tell you otherwise, but they would be wrong....but best to NOT argue with police as they can then get you for other "offenses". You can politely try to educate them (I keep a copy of the photographer's rights in my bag). There is absolutely NO legal expectation of privacy if you can be seen from the sidewalk (or air since that is also "public" and cannot be "private"). Airspace is the sole domain of the FAA. PERIOD. So their rules outrank any local laws in that regard.
This does NOT mean you can photograph INTO someone's dwelling beyond what is visible to the naked eye from a public location. So no "Peeping Tom's" with zoom lenses. People do have a legal expectation of privacy in their own dwellings. (Of course, if they are standing butt naked in the window that sort of negates that expectation of privacy.
)So, anyone telling you you need permission to photograph someone's home from either the street or the air is flat outright wrong. Think about it logically. If that were the case, then taking a picture of a street would be illegal. This would make almost EVERYONE with a phone who has posted a picture of their neighborhood or someone in front of a house a criminal.
Now to get to the OP's actual question. If you did not sign a contract that gave the copyright or exclusive use rights to the realtor you are free to do with your images what you will. IF you did do that, I really hope you got paid really well for it. I would NEVER give up my copyright or usage rights unless I was going to be well compensated. And even then think hard on it. I doubt very you did, but I hope not. You can post away all you want on any platform you want if you own the copyright of the image and there is no contract explicitly forbidding you to use the image. There are those occasions where a client might request the copyright or ask for exclusive rights (usual for a set amount of time) but I doubt this is the case here. So if none of those caveats apply, you can use the images for self-promotion with no worry.
spsphotos
Well-Known Member
Not sure how Canadian law works, but here in the States, it's the opposite. Unless the contract explicitly DENIES you the rights and/or signs over the copyright you can do want you will with them.
Thanks, no, I have never signed any documents of any kind for the realtors that I work for. I was not sure what you meant regarding the copyright for the photo, so I did a web search and found this article, which reinforces what you and others have said. I feel so much better now about this whole topic: The Essential Guide to Photography and Copyright LawI love all the misinformation. As a photographer for over 16 years who just recently got into drones, I can give my MY insight on how the law works, at least where I live (NY) when it comes to photography. Since drones are technically just flying cameras I would think the same rules apply. I do street photography and run into this type of issue all the time.
First, if it can be seen from any public property it can be photographed. This goes for the property, people, objects, structures, etc. I've never heard of any place in the United States where this does not apply. Some authorities who are not up to speed on the law may TRY to tell you otherwise, but they would be wrong....but best to NOT argue with police as they can then get you for other "offenses". You can politely try to educate them (I keep a copy of the photographer's rights in my bag). There is absolutely NO legal expectation of privacy if you can be seen from the sidewalk (or air since that is also "public" and cannot be "private"). Airspace is the sole domain of the FAA. PERIOD. So their rules outrank any local laws in that regard.
This does NOT mean you can photograph INTO someone's dwelling beyond what is visible to the naked eye from a public location. So no "Peeping Tom's" with zoom lenses. People do have a legal expectation of privacy in their own dwellings. (Of course, if they are standing butt naked in the window that sort of negates that expectation of privacy.
So, anyone telling you you need permission to photograph someone's home from either the street or the air is flat outright wrong. Think about it logically. If that were the case, then taking a picture of a street would be illegal. This would make almost EVERYONE with a phone who has posted a picture of their neighborhood or someone in front of a house a criminal.
Now to get to the OP's actual question. If you did not sign a contract that gave the copyright or exclusive use rights to the realtor you are free to do with your images what you will. IF you did do that, I really hope you got paid really well for it. I would NEVER give up my copyright or usage rights unless I was going to be well compensated. And even then think hard on it. I doubt very you did, but I hope not. You can post away all you want on any platform you want if you own the copyright of the image and there is no contract explicitly forbidding you to use the image. There are those occasions where a client might request the copyright or ask for exclusive rights (usual for a set amount of time) but I doubt this is the case here. So if none of those caveats apply, you can use the images for self-promotion with no worry.
spsphotos
Well-Known Member
Because it's in the contract.
Techincally if you hire it you own it for the duration of your hire agreement (with some caveats).
As others have said, he's needs to check any contract terms with the realtor.
Again, technically if it's his work it's his copyright material. However, if his contract in essence signs over that right to the realtor, then the point is moot.
itsneedtokno
I'm chillin, appreciate it though.
Service Agreement | Photography by Cody Shoaf
I post mine publicly. Requiring new clients to sign before I start shooting.
Just an idea for the future.
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