If someone takes a picture of my home, do they own it or me? I do not understand how someone can take a picture with my house and without my permission and then use it in a magazine without asking me! Is this truly legal?
2006-08-29 00:14:50 · 6 answers · asked by mothercow81 2 in Politics & Government ➔ Law & Ethics
Hi i have studied copyright for a number of years now and it plays like this.Your home is your property and as such if somebody wants to use pics of it in a mag or paper,firstly they should have asked for your express permission to do so,then offered up either some sort of fee for using the pics or offered a percentage from any royalties gained from the use of the pics.
I would seriously consider taking legal advise on the grounds of,invasion of your privacy as you are now suffering unwanted interest in your property leaving yourselves worried about the safety of the property and people that reside within the property due to influx of undesirable people gawking and pointing the property out,use of the pics or negatives without prior permission would be the cause of these worries
A few grand in compo should make you feel a lot better about the invasion on your rights.
All to often we see companies using these sort of tactics without having the owners consent purely on the grounds of saving money as there is only ever a very small minority of people that are going to buy a mag and recognise there own property in it.
Dont let them get away with it,if you done it to them they would be the first to drag you through the courts.......
2006-08-29 00:37:40 · answer #1 · answered by martinsbits2000 3 · 0⤊ 0⤋
It depends how they use it.
If your house is in a general shot of a location then you have no claim for royalty fees.
If however they have used a picture of your house for a specific purpose then you may have a claim.
Of course if the person using the picture had lived in the house before you, or had some link with the house then they would have a legitimate reason for using it.
You could talk to a lawyer but the cost would be more than you would get back and the full laws are very complicated
2006-08-29 00:20:03 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If your lawyer is better than their lawyer, I think you have a claim. Except in some states like California.
Seriously, though, I think just a wide shot of your house is legal. Of course, depending on what they are doing with the picture. Check with a lawyer. I think you can get the first consult free over the phone.
2006-08-29 00:23:54 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Its not illegal if someone poses with your house in the backgroud but yes if someone has taken closeups of your house and have used them, then its a indecent thing to do though its still legal. You can get a fee only if the pictures are of interiors of your house becuase then it indicates - tresspassing and also a threat to your privacy
2006-08-29 00:16:47 · answer #4 · answered by Mash 6 · 0⤊ 0⤋
No its not. If I were you I would seek legal advice immediately. Your home decor is your own creation, just like a painting and when someone takes it from you thats illegal!!!
2006-08-29 00:18:23 · answer #5 · answered by Anonymous · 0⤊ 0⤋
it is not legal and you should seek legal advice. go to an attorney and i think you are supposed to get something for your photos to be used in a magazine.
2006-08-29 00:43:04 · answer #6 · answered by trushka 4 · 0⤊ 0⤋