Home pictures on your website

Jason Painter · #**1 Home pictures on your website** 10-24-2007, 09:54 AM

Here is a question for you legal eagles. I have a section on my website about a local barrier island. This section only talks about the general area and does not tell anything about specific properties for sale. I was driving on this island and took some pictures of nice homes from my drivers seat of my car...on a public street.

I get a call from an irate homeowner today because I have a picture of their home on my website. Is this illegal to do? I thought you could take pictures of anything you want as long as it is in a public place? I took this from a county roadway. It is not that it's a big deal, I will happily take it off if asked nicely, but I wasn't asked nicely, what do you guys think?

Thanks

Bob Crain · 10-24-2007, 10:17 AM

I would check with a local attorney.

But I am almost 100% sure that it is not illegal to post a photo of a home on your site... As long as the address of the property is not visable. If the address is visable edit the photo.

By the way, I agree with you about how this homewoner is reacting. This person is trying to bully you into doing something. If it's not illegal I would leave the photo up FOREVER.

In fact, why don't you create a squdoo/barrierisland, write a rew post, and write an active rain post about typical barrier island homes.

metaylor9 · 10-24-2007, 10:20 AM

I am pretty sure you have the right to post that picture. That being said, I would take it down. Is it really worth it to make this guy mad and have him talk bad about you for a picture of one house?
What do you think he is going to do when Google records his house on video for street view?

Jason Painter · 10-24-2007, 10:25 AM

My wife says that I live for this type of thing...

I happen to agree with both of your opinions, but I will probably follow SD Luxury home's advice

Lydia · 11:24 AM

A happy client tells two friends; an unhappy client tells 10. We work in a business where word of mouth is the best kind of advertising. I would take the picture down, even though there is NO legal requirement on your part to remove the photo.

Explain to the homeowner that despite the poor way they handled it, you will bow to their wishes. I'd also mention that if they ever need a high profile Realtor, to call you. After all, they found the picture, didn't they?

20something RE Guy · 10-24-2007, 12:23 PM

From my understanding it's legal, as long as the photo was taken from a public roadway/easement.

However, i would edit the photo or do something so you can calm the irate home owner. I'd let him know you legally don't have to do it, but you will any way...Better to do a bit more work than to get someone angry (Although we all make people angry at one point or another while working with the public).

Norcal Jim · 10-24-2007, 01:21 PM

Pick your battles. I would take it down ASAP and call mr. homeowner and let them know it has been removed. You can turn a negative into a posative if you want.

Jason Painter · 05:50 PM

Well guys I appreciate all of the advice, but it seems that we are all wrong. I just spoke with my attorney. She tells me that the owner of the home has a say over whether I use the picture because I am using it essentially in my advertising. Since I operate a business, and using that picture could help in getting someone interested in the area, conceivably the person may require a cut of the commission for doing so.

If I was part of the media writing a news article about the area it would be different. But I am using the image in the hopes of attracting home buyers. So I would be gaining possible revenue from the use of the image...blah blah blah she said to take it down.

So I took the picture down and now my tail is between my legs. Moral of the story is, if you take pictures of a neighborhood and use it on your website, I guess you need authorization from the specific home owner.

In the case where you take a picture of a whole condo complex, or an aerial view of an area, this would not apply because we are not singling out a single homeowner.

I'm shocked because I was not aware of this...if anyone knows anything to the contrary of what my attorney said, please let me know.

Thanks

NealRM · 10-24-2007, 04:33 PM

Here is a very good interview relating to photography legal issue. Carolyn Wright, photographer and attorney, is being interviewed. He directly answers this question on page two. He also goes not and answers questions related to photographing people.

It's easy reading.

The URL is
www . outdoorphotographer.com / content / 2007 / mar/ pt_releaseme.shtml

Lydia · 10-24-2007, 05:41 PM

It sounds to me like Jason's lawyer was talking of a potential civil liability, and not a legal obligation. I read Neal's link, and that lawyer there seems to allude to some court rulings that require a release from the homeowner [in our particular case under discussion], but it still doesn't seem cut and dried.

At any rate, I think most of us agree that the photo should be taken down. In fact, if a picture of my home showed up on another Realtor's site, I'd be pretty mad! I can sympathize with the homeowner- he probably doesn't want his property to be used to support someone's business, no matter how complimentary the usage might be.

Thread Tools
Show Printable Version Email this Page
Display Modes
Linear Mode Switch to Hybrid Mode Switch to Threaded Mode

Real Estate Forums

For our members

Main Sections

IDX Coverage Areas

Spiders Welcome