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- Mar 22, 2019
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I would agree as well. If you are unsure, seek permission. However, if you are in public and it's just a house and no one's house in particular and maybe there are several houses shown, not so much. The problem comes in the commercialization and where you are promoting and advertising and while that doesn't mean every single piece of property that someone owns is covered (like their car and their computer and their bike and their watch, etc), something this is more personalized like a home (as opposed to an apartment front door) may require further scrutiny. Plenty of stock photos available, I would check into those.Your "Right of Publicity" is your right to commercialize or profit from your persona or any means such as your home that identifies you to others. The right of publicity is why no one may use the name, image, voice or other identifying characteristic of any famous person – or even non-famous person – in a commercial context without permission. Featuring someones property in a commercial advertisement without consent could very well trigger a "Right of Publicity" claim.
If the home is not the main subject of the scene (you are simply flying over and happen to get a view) then you are fine. I would always seek permission before doing something like that. My 2 Cents.
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