Replies

1. 
   Hiker | Apr 30, 2009 02:14am | #1

   You should ask their permission and its a good time to see how your work is performing and also to ask if they need or know of anyone who made need your services as you are always available to help your really good clients.

   I ask at the start of the project and everyone is always so excited they always say yes.  They would also say yes at the end.

   Bruce

1. 
   jstew | Apr 30, 2009 05:31am | #3

   As long as their faces aren't in the pics, you're good to go.

1. 
   Hiker | Apr 30, 2009 01:44pm | #5

   As long as my face is not in the picture sales will stay up. 

2. 
   Lawrence | Apr 30, 2009 05:02am | #2

   Unless you are outing them by name you don't need to ask their permission. If an architect or designer was involved... give them design credits.

   If you designed it or built it... you can show it.  You take the photo, you own that photo and have rights to publish it.

   Not a bad idea to check on the jobs and photograph them again... at least you get to learn from mistakes right?

   I've photographed a few 5-10 year old projects... it is nice when they age gracefully.

   L

   GardenStructure.com~Build for the Art of it! Decks Blog

3. 
   Piffin | Apr 30, 2009 01:41pm | #4

   Morally, yes. Legally, I don't know.

   Probably publicly viewable exterior shots are fine, but interior could be considered an invasion of privacy. Some of my best work will never be seen here at BT because of that concern for clients privacy.

    

    

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4. 
   webted | Apr 30, 2009 11:54pm | #6

   I'm sure you realize it now, but just in case it slipped, allowing for this is standard verbiage to add to future contracts - something along the lines of "owner agrees to allow images of said work to be used in future advertising/promotional blah, blah, blah..."

   -t

5. 
   davidmeiland | May 01, 2009 12:42am | #7

   You're getting some interesting advice here. I don't agree with some of it.

   If the photo is taken from public property, i.e. from the sidewalk, then you're in pretty good shape legally. There are a few examples of buildings and other things that are viewable from public property but are off-limits as far as publishing photos, at least for money. The Transamerica tower is one example, the famous cypress tree on Carmel's 17-mile drive is another. In both cases the property owners have won in court against photographers who have published images of their property, even though taken from a public right of way.

   For anything else, you probably need a property release to be legal. Now, you could use a photo of someone's bathroom on your website, without the owner's permission, and they could sue you, but would a judge or jury award damages? Probably not, but you'd still have to defend yourself. The fact that you are using the image as advertising would put you at risk.

   The simple fact that you built something doesn't mean you have the right to use an image of it. I've heard that one many times, and it's never been true, at least not in the U.S.

   As at least one person mentioned, having a contract clause that serves as a property release is a good idea. I have one in my contract. It states that I can use the photos in print, on the web, on internet forums, etc., for advertising or other purposes as long as I do not name the owner or divulge the location. No one has ever objected.

   If the work was designed by someone else, they may very well have intellectual property rights. I recently used a photo of a house as advertising, and my lawyer told me to get the architect's permission. It's his work... as well as mine.

   Anyway, if you really wanna know, get a lawyer to tell you rather than a bunch of semi-anonymous folks on the internet.

1. 
   Haystax | May 01, 2009 03:32am | #8

   Google has lotsa pics of lotsa houses...didn't ask my permission...

1. 
   davidmeiland | May 01, 2009 03:53am | #9

   Correct.... taken from the public right of way. You have no expectation of privacy.

2. 
   Dinosaur | May 01, 2009 06:01am | #10

   There are a few examples of buildings and other things that are viewable from public property but are off-limits as far as publishing photos

   The proviso in those cases is that (a) the building has to be publicly recognisable, and (b) the owner trades on that public recognition of his building as part of his normal business affairs. The building becomes, in a way, a trademark of the owner.

   Generally, you need a release to publish any image of a major corporate headquarters. I've got some amazing photos of the Pan Am and Exxon Buildings in New York that I shot for stock, but my agency wouldn't accept them without releases.

   Dinosaur

   How now, Mighty Sauron, that thou art not broughtlow by this? For thine evil pales before that whichfoolish men call Justice....