Legal question: Using photo of a private building

evil-monkey

Hi all,

Quick question that I'm hoping somebody on here might be able to help me with...

If I take a photograph of a private building, can I use that image freely in a commercial project, or do I need to seek permission from the building owners?

Thanks in advance for any advice.

Victor

You have to consider the rights of the building owner - are you compromising their privacy or security.

You have to consider the rights of the building designer and proprietor - you can't pass off the building design or use as your own.

Otherwise, you are pretty much entitled to take any photo in a public place and publish it.

Procrastastudy

Might not make any difference but - inside or outside? If outside was it from the public roadway?

Cianmcliam

I think if the owners derive income from photographs/illustrations of the building then they can restrict others from using images of the building.

coylemj

Cianmcliam wrote: »

I think if the owners derive income from photographs/illustrations of the building then they can restrict others from using images of the building.

Can you quote an example where this is the case?

I have never heard of a situation where the owner or designer of a building established copyright on the right to reproduce photographic images of the building, even in respect of photos taken from a public place.

If you erect a building in a public place then the world and his wife can take photos of the building, post them on Facebook or Flickr and there's not much you can do about it.

Cianmcliam

If you have entered private property to take the picture then as part of the conditions of allowing access the owner of the building can prohibit you from taking pictures and using them for commercial gain.

I had to get special permits to photograph inside Newgrange, Stonehenge and Gavrinis (in France).

coylemj

That's the first mention of entering on to private property in the thread. I think it's perfectly clear that there is no question of trespassing, the thread clearly relates to the photographing of a building from a public road or path and what you can or cannot do with the photograph.

Cianmcliam

Sorry, where does the OP make clear they took or will take the photos from a public path or road? The question simply said they had photos of a private building they wanted to use in a commercial project. You may well have to enter private property to take pictures even unawares, if it is a private road or driveway etc.

evil-monkey

Hi all,

Thanks for the replies.

To clarify: no entry to private property will be required for this project.

The photograph will be used on a book cover.

dermot_sheehan

s. 93 of the Copyright Act is clear that there is no copyright infringement from photographing a building

http://www.irishstatutebook.ie/2000/en/act/pub/0028/sec0093.html#sec93

evil-monkey

dermot_sheehan wrote: »

s. 93 of the Copyright Act is clear that there is no copyright infringement from photographing a building

http://www.irishstatutebook.ie/2000/en/act/pub/0028/sec0093.html#sec93

Well that settles that then. Thank you.

Procrastastudy

Doesn't mean if someone blows the building up because of your photo there couldn't be some mad action in Tort. I realise its more likely you'd be abducted by aliens.

Cianmcliam

Copyright is only one issue, there are others to consider, even if they are highly unlikely. If you used a photo of someone's house and the title of the book was 'How to find out if a paedophile lives on your street' you could be in for a spot of bother, likewise there could be other privacy issues. Would it be too awkward just to ask and save yourself any future bother or worry..

whiteonblu

I thought you couldn take any pic in public but could profit from it without owners permission

deandean

Look at the Google Earth photographs, the ones taken from the cars with cameras on top.

IIRC as long as faces, reg numbers etc are blanked out they are free to use in the public domain?

Victor

deandean wrote: »

Look at the Google Earth photographs, the ones taken from the cars with cameras on top.

That is Google Street View. Arguably, there is a difference between publishing photos of many properties and publishing photos of a specific property.