Private homes used in advertisements

[dougiefresh27]

I am part 107
Can I take drone photos of private homes and use them in my advertisements without written consent?

 

[Cafguy]

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.

 

[mavic3usa]

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.

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.

 

[AMann]

Most stock agencies won’t accept a commercial photo of property without a property release.

 

[dougiefresh27]

The house would be a main exhibit in the advertising. I will approach the owners and maybe offer them my service as compensation. Thank you everyone

 

[Cafguy]

I wanted to add that there is SPECIFIC paperwork and forms that need to be completed to make it 100%.
If you have not done so, Seeking the advice of an Attorney would be the smart move.

 

[dougiefresh27]

I wanted to add that there is SPECIFIC paperwork and forms that need to be completed to make it 100%.
If you have not done so, Seeking the advice of an Attorney would be the smart move.

That is very helpful. Do you know a name fir the form?

 

[AMann]

That is very helpful. Do you know a name for the form?

Cafguy has a careful approach to this. You can do it yourself and don’t really need a lawyer in the US, else it depends on the public photography laws of your country. I sell images on two stock sites and there are legally binding property release forms available all over the web and on stock agency websites- Alamy has one you could use for reference for personal use.

 

[Cafguy]

See the post Above

 

[Illuminata Photo]

I’m a professional photographer. You’ll need a “property release.” The release will need to be signed by the property owner(s) and you.

To ease the process, the property release, in your case, could state that you are the only person/commercial interest who will use the image; it will also ease their minds if you specifically describe how (print? Web?) you will use the image and for how long (month? Year? In perpetuity?).

And, I’m not a lawyer and I’m not offering legal advice, just suggestions.