Can someone sell pictures of my house without permission?

noisla

I couldn't find a more appropriate place on the forum for this:


Is a photographer allowed to take pictures of my house, and then sell them, without my permission? He has several photos, one of which could only have been taken whilst standing on the driveway, although the others would have been taken from the street. I gave no permission nor had any knowledge of this, before seeing them advertised for sale. (There is some artwork on the house, which I arranged to have done.)


I wouldn't mind except that he won't give me any copies (not even for cost price), and just generally not being very polite about it all. I also just don't like someone making money out of this (who is not the artist and not donating the money to charity).


Do I have any rights which I could push? Where could I look to read up on this?


Thanks

PasturesNew

The ones from the street he's legally allowed to take and sell.

For the ones in your driveway you'd have to sue him privately for trespass.... have deep pockets and pray it works.

Daerve

If the photographer isn't on your property then there's absolutely nothing you can do, they own the photograph and can do what they like with them.

Marktheshark

Photographs are collections of photons of light.
You do not own the photons of light emitting from your house no more than you own the wind blowing around it .

Someone standing on your property is a separate issue, that is trespass.

Guest101

noisla wrote: »

I couldn't find a more appropriate place on the forum for this:


Is a photographer allowed to take pictures of my house, and then sell them, without my permission? He has several photos, one of which could only have been taken whilst standing on the driveway, although the others would have been taken from the street. I gave no permission nor had any knowledge of this, before seeing them advertised for sale. (There is some artwork on the house, which I arranged to have done.)


I wouldn't mind except that he won't give me any copies (not even for cost price), and just generally not being very polite about it all. I also just don't like someone making money out of this (who is not the artist and not donating the money to charity).


Do I have any rights which I could push? Where could I look to read up on this?


Thanks

No.

The pictures are his property and you have no right to a copy (unless of course you pay his asking price)

Sorry - not what you wanted to hear.

HappyMJ

How does that work with art work? I thought you couldn't take pictures of someone else's art work, photo shop out the frame in this case the house then sell the picture.

Doesn't the copyright in the art work still lie with the artist and not the person taking a picture?

Even if you purchased the artwork you can't sell reproductions of it as you don't actually own the copyright to do that.

I suppose if the picture being sold isn't cropped or altered by much and the context is that of a house/street scene then the copyright of the picture is with the photographer.

Legal minefield....good luck. I'd say the artist has the right to sue for damages and not you as the owner of the art work.

G_M

If this were the case no one, almost anywhere, could photograph anything.

All land in Britain is owned by someone: private individual, company, council, the Church, etc

So since virtually any photograph taken outside will include a bit of land or property, the owner would need to grant permission.

The only photos allowed (without prior consent) would be taken inside your own home or on your own land (but without including the neighbour's lans).

Guest101

HappyMJ wrote: »

How does that work with art work? I thought you couldn't take pictures of someone else's art work, photo shop out the frame in this case the house then sell the picture.

Doesn't the copyright in the art work still lie with the artist and not the person taking a picture?

Even if you purchased the artwork you can't sell reproductions of it as you don't actually own the copyright to do that.

I suppose if the picture being sold isn't cropped or altered by much and the context is that of a house/street scene then the copyright of the picture is with the photographer.

Legal minefield....good luck. I'd say the artist has the right to sue for damages and not you as the owner of the art work.

Depending on the location of the artwork, you can of course take pictures of it.

The point is the commercial factor. Copyright law is complex.

However, there is no right of privacy regarding photography in public places. (Think googlemap - streetview)

As for suing for tresspass. That is covered under 'loss'. What is the loss the owner has suffered by tresspass? I suspect none.

Marktheshark

The Clue is in the name COPYright, you can not make copies of other peoples work and sell or pass it off it as your own .

You are free to paint your own hay waggon or matchstick people and photograph the same things other people have as long as you state it as your work and not the other persons

[Deleted User]

Marktheshark wrote: »

Photographs are collections of photons of light.
You do not own the photons of light emitting from your house no more than you own the wind blowing around it .

Reflected, not emitted. That was bugging me!

(Obvious exception is your light bulbs/TV)

martinsurrey

HappyMJ wrote: »

I suppose if the picture being sold isn't cropped or altered by much and the context is that of a house/street scene then the copyright of the picture is with the photographer.

Legal minefield....good luck. I'd say the artist has the right to sue for damages and not you as the owner of the art work.

nope

http://www.legislation.gov.uk/ukpga/1988/48/section/62

This is a building, so a photograph of it cannot infringe copyright AFAIA.