Forgotten in its old age

by Aditya

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Photos taken in public are generally considered to be publishable without requiring permission.

Photos taken on private property are generally considered to require permission (in the form of a model release for the subject) before they can be published.

Is there any situation where a photo of a subject (e.g. a privately-owned piece of art), taken on private property, can be published without the permission of the subject/owner of the subject?

See this question for further details.

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closed as primarily opinion-based by mattdm, Paul Cezanne, AJ Henderson, MikeW, Matt Grum Aug 5 '13 at 15:32

Many good questions generate some degree of opinion based on expert experience, but answers to this question will tend to be almost entirely based on opinions, rather than facts, references, or specific expertise.If this question can be reworded to fit the rules in the help center, please edit the question.

    
This question appears to be about personal perspectives. Changing it to ask about the legalities and copyright concerns would make it a better question. –  Patrick Hurley Jul 30 '13 at 16:06
    
And after changing to ask about legalities, we would ponder on how different countries and states handle privacy, not coming into any final answer at all. –  Esa Paulasto Jul 30 '13 at 16:22
    
@EsaPaulasto - There's no opinion about legalities in different countries, just facts, thus fulfilling the SO requirements. –  Clara Onager Nov 11 '13 at 9:03

3 Answers 3

Reproduction of the artwork may well fall under copyright law of either the artist or the owner of the piece, depending on how it is attributed, so legally, it may be necessary to ask for permission depending on use case and jurisdiction.

Beyond that, it's probably a good idea to ask anyway, particularly if it is someone you know. I would personally ask permission before posting it if I was able to, particularly if the artwork was the main feature or if it was for commercial reasons. If the art just happened to be in the background and it was a non-commercial use however, I wouldn't think anything of it as it falls under legitimate fair use in most jurisdictions and I don't think that it is objectionable from ethical grounds either since it isn't the focus of the photo.

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In most of the world publishing a photo of the inside of someone's house without permission would open the publisher up to a potential lawsuit.

Thus you should not do it.

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No, I would not post a photo of insides of someone's home. You are free to take photos of your neighbour's garden while standing on the street, but it is quite different case to take photos of his garden while you are yourself in the garden. To photograph inside the house would definitely be questionable if without permission. It would take a new permission to post such photos to social media or suchalike.

About the piece of art, I would think about what is showing in the photo, if the apartment can be identified, if the image quality is good enough to count for anything, if the piece of art is the main subject at all. Possibly I might post a photo of a piece of art without asking permission from the owner, but I have to say it depends on the photo itself. Not as clear to me as the first case about posting a photo of insides of someone's home.

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