The
answer is maybe and the law on the topic can be found at 17 USCA 120(a), which
states:
Pictorial
representations permitted.--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.
So
the question now becomes:
First
if the building or the home is an architectural work? &
Second
if the building or the home is located in or ordinarily visible from a public
place?
To
address the first question, one must analyze the Architectural Works Copyright
Protection Act (AWCPA).
To
address the second question, one must analyze the facts on how & from where
the Architectural work was photographed inclusive of the location and
topography surrounding the structure.
With
respect to the first question, the term architectural work is defined at 17
USCA 101 as "is the design of a building as embodied in any tangible
medium of expression, including a building, architectural plans, or drawings.
The work includes the overall form as well as the arrangement and composition
of spaces and elements in the design, but does not include individual standard
features."
Moreover,
the AWCPA does not extend protection to architectural works constructed before
12/1/1990. So, these buildings or homes can be photographed, without authority
from the owner / architect, regardless if the picture is taken from a public
place.
In
a nutshell, it is likely that one can take pictures of a building or a home
from the street anytime without permission, but be wary about going behind
hedges or gates to get your best angle.
If
you have a particular scenario that is unique, you should always consult an
attorney and obtain tailored legal advice.
Happy
Photographing!!!
