# house portrait?  how to handle this?



## msf (Apr 16, 2009)

I was able to get a really cool picture of a house on Easter Sunday during the sunrise and fog, and I think this could be an opportunity to sell the picture as a house portrait.

So I am wondering what is the best way to approach the owners of the house.  I was just thinking of sending them a letter with a proof of the picture and offering them a few print options.  But im also concerned about freaking the people out.  I dont want them to think that I was stalking their house either.

How would you all handle this?


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## Sw1tchFX (Apr 16, 2009)

if you do it, do it personally, mail tells them you're distant and you're stalking them.


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## bdavis (Apr 16, 2009)

Honestly I think this is kind of a long shot....


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## msf (Apr 16, 2009)

I know its a long shot, but its a cool picture, and I already have it.  I cant use it for anything other than selling it to them.  

Its a pretty nice house, with a long driveway, the front of which is gated.  But just the driveway is gated, not the yard.  Im not sure if its appropriate to walk around the gate and up to the house or what.    Thats why I was thinking a letter.

Plus they also get to see my name, and they may remember it later if they need a photographer. : )  A house like that, they either have alot of money, or are trying hard to pay for it all.


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## CyclonePWR (Apr 16, 2009)

I know in my neighborhood we had someone from a plane or something take photos of the houses and then went around asking if people wanted aerial view photos of their house. My neighbors bought it. So if its a nice house its possible they might want something like that.


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## Jim Gratiot (Apr 16, 2009)

There was something on the news the other day about people in a specific neighborhood being upset because the "Google Maps" car was planning to drive by. They were worried about security... about having anybody being able to see what their house looked like, where their bedrooms were, etc.

As a homeowner with kids, I don't care how nice a picture you take of my house... this would come across as a bit creepy.

That being said, you could probably try and market house photographs in advance (get a nice portfolio going and become known locally in that niche)... but from this homeowner's POV, imagining some unknown person taking pictures of their house (on Easter, no less) when they're trying to enjoy time with their family... is bound to backfire on you.

(The aerial view of the home is a bit different... it's a novelty, not something everybody can do.) But anybody can take a picture of a house.

As for the picture you currently have... a better use than trying to sell it just to that homeowner would be to use it as the start of a portfolio... and then try and sell your services to real estate agents in your area. If you can make for-sale houses look really desirable, there is _definitely _a market for that.


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## bdavis (Apr 16, 2009)

Jim makes a good point and has some good ideas. Just because you have a cool picture of a house doesnt mean you have to sell it to them. You can start a portfolio like he said.


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## msf (Apr 16, 2009)

Yes, but I cant just use the picture in the portfolio with out a property release. : )  Either way I have to contact them, and why not try to get the sale?  

Besides, this area isnt very rich, there are only a handful of "nice" houses in driving distance.  Probably not worth it.

And I hear real estate people are as cheap as can be, and are satisfied with pictures from thier $100 point and shoot camera and dont want to spend $$$ on a pro.

Thanks for all the tips though. : )  I would love to do some aerial photography.  Eventually I would like to invest in a rc helicoptor and a remote system for the camera.  That could be really fun.    And possibly profitable.


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## KmH (Apr 16, 2009)

msf said:


> Yes, but I cant just use the picture in the portfolio with out a property release. : ) Either way I have to contact them, and why not try to get the sale?


You don't need a property release to use/sell the image. The house is visible from a public location and is not likely a registered landmark.


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## bdavis (Apr 16, 2009)

Exactly as KmH stated. If you're taking pictures from public property it doesn't matter who owns it. You're still in public.


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## KmH (Apr 16, 2009)

Here's some good legal info right here at TPF.


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## msf (Apr 17, 2009)

No offense guys, but Ill take that legal advice with a grain of salt.

If thats true, then you can take a picture of the eiffel tower at night from a public spot and sell that.  Or take a picture of a celebrity in public and use it in your advertisement.  Or possibly take a zoomed in picture of a piece of artwork through a museums window from a sidewalk and sell prints of that.  Registered landmark or not.

I think it depends on how much focus the house is in the picture.  If its one of many, then you dont need to worry about a property release, but since its the only thing in the picture, then a model release would be needed.

Even if im wrong, its not worth the bad press from the home owner, the possible law suit, etc.


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## Jon_Are (Apr 18, 2009)

> If thats true, then you can take a picture of the eiffel tower at night from a public spot and sell that.



ummmmm........you mean you _can't?_

Jon


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## msf (Apr 18, 2009)

You cant take pictures of the eiffel tower at night.  The light setup is copyrighted.  There are some other buildings that are copyright protected as well, I forget what they are.


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## bdavison (Apr 18, 2009)

Courtesy Creative Commons - Author  Sami Dalouche

Actually, in the US, you can sell night photos of the eiffel tower all you want.
17 USC 120(a) - (a) Pictorial Representations      Permitted. &#8212; The copyright in an architectural work      that has been constructed does not include the right to prevent the making,      distributing, or public display of pictures, paintings, photographs, or other      pictorial representations of the work, if the building in which the work is      embodied is located in or ordinarily visible from a public place.

There are other countries which have similar laws.


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## raider (Apr 21, 2009)

CyclonePWR said:


> I know in my neighborhood we had someone from a plane or something take photos of the houses and then went around asking if people wanted aerial view photos of their house. My neighbors bought it. So if its a nice house its possible they might want something like that.




whoa - I just did this today - you know how much they charged for this?  thanks


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## bigtwinky (Apr 21, 2009)

I would be hesitant to even approach them with the image.

However, if you do decide to, I would think it would be better to just offer them the image free of charge and include your business card.  If its already not a hugely rich area, people will not always want to buy a picture of their house.  Personally, I'm not sure what I would do with a cool picture of my house.

But explaining that you were walking by doing some general photography and got a great capture of their house that they might enjoy (include a 5x7, nothing too huge), and including your business card for future use in case they need a photographer.

I would think that someone snapping a picture of my house and then trying to sell me the image is simply after money and wouldn't be the first person I'd call if I need a photographer for something else.


As for the legality of selling pictures / using them for promotion, I know France and Quebec are under a different legal code when it comes to images and their use.  Photographers cannot just take a picture and then sell it or publish it without consent, and this goes for buildings as well, if the building is the main focus of the image.  You need releases for both.  So street / humanist photography is a dying art these days as you get bitched at for invasion of personal space.  Different rules in the rest of the world though I believe


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## JE Kay (Apr 21, 2009)

> Actually, in the US, you can sell night photos of the eiffel tower all you want.



Wrong. Don't believe me? Post your shot on your website with pricing, email a link to them, watch what happens. ;-)

Want to shoot and use a night shot of the tower contact this guy.

Solvej Hansen-Love
Service Valorisation du Fonds Patrimonial/ Droits à l'image
SETE - Société d'Exploitation de la Tour Eiffel
1 Quai de Grenelle - 75015 Paris


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## msf (Apr 21, 2009)

bigtwinky said:


> I would think that someone snapping a picture of my house and then trying to sell me the image is simply after money and wouldn't be the first person I'd call if I need a photographer for something else.



I think most businesses do things because they are after money.    I dont see how this would be any different than aerial picturse of a house, except not as cool.  

But its a good point, give them a free small print, they get to know my name.  If they need someone down the road they may remember me, and they may decide they want a larger print after all.  Perhaps print an 8x10 with 4 versions of the file, regular, b&w, sepia and something artistic.  Its to bad the picture looks best at a custom ratio more panoramic.

Thanks for the input everyone.


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## KmH (Apr 21, 2009)

msf said:


> No offense guys, but Ill take that legal advice with a grain of salt.
> 
> If thats true, then you can take a picture of the eiffel tower at night from a public spot and sell that. Or take a picture of a celebrity in public and use it in your advertisement. Or possibly take a zoomed in picture of a piece of artwork through a museums window from a sidewalk and sell prints of that. Registered landmark or not.
> 
> ...


 
It's truly amazing how much mis-information about model and property releases floats around on the Internet.

Go visit www.danheller.com as a starting point and I highly recommend his book "A Digital Photographers Guide to Model Releases".


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