Copyright Laws Concerning Photos of Houses

• There are few restrictions on publishing an image of a private home, unless activities are also photographed. Jeremy Woodhouse/Photodisc/Getty Images

  When taking photographs of another person's property in the U.S., it is important to consider copyright laws to avoid potential legal troubles. As long as the photographer does not trespass on the private property of the homeowner there are few legal restrictions on the practice. However, should other activity be photographed along with the house, these legal considerations can change depending on what state the house is located in.

Copyright Holder

• Generally, images taken by an individual photographer and not taken for publication are considered the property of the photographer and protected by freedom of expression laws. This can change though, when a copyrighted object, typically a work of art such as a painting or sculpture, is photographed. For example, if a copyrighted sculpture is outside the house, or if a copyrighted fresco adorns one of its walls, the copyright on the reproduction of the work of art belongs to the artwork's copyright holder, not the photographer. To publish the photograph, the photographer must receive permission from the artwork's copyright holder.

Trespassing

• Trespassing while taking photographs can incur legal penalties, but will not forfeit the copyright to the photographs as long as people are not photographed without their knowledge. Trespassing laws vary by location, but entering a private property without permission is generally considered trespassing, as is setting up any type of hidden cameras in private places. Taking photographs in a public place such as a shopping mall is allowed unless the photographer is informed either by posted warning or a security guard not to take photographs. However, whatever images were taken remain the property of the photographer.

Images of People

• Laws concerning the photographing of people in public vary by location; in general, publishing photographs of people in public does not require their permission nor does it affect the copyright held by the photographer. However, images of people on their private property can be subject to privacy laws.

Context

• When taking photographs of houses with the aim of publication, it is important to consider the context. While this will not affect the copyright, in some countries publication could expose the publisher to defamation charges if the photo is published with accompanying text describing the property or property owner in a slanderous manner.