Copyright Laws for Photos of Houses

• If you take a picture of a house, you own the picture, right? But what if the picture you took is the property of someone else, like their house. Does the subject matter change the ownership and copyright of the image? Taking pictures in the public domain, city streets, sidewalks and public parks always afforded the photographer the peace of mind to know that the pictures belong to him. In 2010, court challenges emerged questioning a photographer's right to take pictures in some locations.

Trespassing

• In any circumstance, trespassing onto private property can create problems and possible charges against the photographer trying to take a picture. If the photographer has obtained permission from the home owner to be on the property to photograph his house, then the photographer is able to be on the property. The photographer and any company or publication he is working for should ask for this permission to be put into writing. While on the grounds, the copyright for any pictures the photographer takes of the house remain with the photographer.

Image Useage

• Depending on how the pictures are going to be used has some bearing on releases that may be needed. In most cases, for any image being published in an editorial publication, a release is not required. However, if the image is to be published for commercial purposes -- used in an advertisement -- then the owner of the home needs to sign a "property release" that stipulates he has given permission for the photo of his home to be used this way. In either case, the copyright of the image still remains with the photographer.

Trademark Protected Property

• If during the photographing of the house, the photographer includes an object that has a recognizable trademark and the photo is to be used for commercial purposes, the photographer or agency using the image needs to gain approval from the company whose logo appears in the picture -- or the logo must be removed from the image, and any other identifiable markings need to be removed from the image as well. Digital photography and the use of post-production methods make this a fairly easy task. Copyright of the image still remains with the photographer.