Photos of a home in online article

Do I need to ask permission from owner

[panther]

I've been asked to write an article and it will include a few photos of homes to illustrate points. I've walked around and taken a few photos in our area; some of the photos I plan to use were taken when I was a tourist in another country. The article will be put into an ebook and distributed online.

Question: do I legally need to ask permission of homeowners. The images are tiny, 240 pixels at their widest. There is no identifying information such as house numbers and there will be no mention of location at all. There are no people in the photos.

thanks so much.

[pleeker]

I don't know the legal answer to your question, but I know if you used an image of my home without permission, I'd be upset.

Have you thought about using stock photography? Don't know if that would work, but it's a worry-free option.

[panther]

From what I understand from someone who has researched this issue, it is legal as long as there is no identifying information, and there won't be. But I think the ethical side of this question is more important.

I don't think I could ever find stock photography for the type of illustrations I need. Fortunately, the homeowner has given me permission.

[johntabita]

There is a man who has posted arial photographs of the California coastline on his website to document erosion for scientists and researchers to study. One photograph happened to include Barbra Streisand's home. Although the site does not disclose the location or the fact that it's her house, Streisand promptly sued for "invasion of privacy" -- and lost the case.

[Webwork]

You might consider creating a 1 page document as a general form that you can use in future situations. You want signatures went it comes to copyright assignments, releases, authorizations, etc. Keep it simple so you don't scare people. Even if "simple" isn't everything you or I (the lawyer) would want the document to be it's generally better to at least make the attempt (get the signature) and confirm what the arrangement is.

Names, addresses
Purpose of document
Disclosure: what you plan to use the xyz for
Authorization: what you may do with xyz (publication, etc.)
Confirmations: do so without royalty
Release of all claim of copyright - that's a bit more detailed and I suggest you do some reading at Copyright.gov and the law journals, etc.

That's a good start. Do some online research and then, perhaps, pay a lawyer $125-$200 to polish it up whilst keeping it simple OR maybe you can have your long form and your short form, depending on situational variables. ;0)