Is it illegal to take a photo of someone's home?

Discussion in 'Flight Following' started by DMD3., Jun 3, 2017.

  1. DMD3.

    DMD3. Pre-takeoff checklist

    Joined:
    Nov 8, 2014
    Messages:
    238
    Location:
    Tifton, Ga
    Display Name:

    Display name:
    DMD3.
    I've always wondered, if you're flying and you take a photo of someone's home, is this illegal and could you be charged for it, whether that person be a celebrity, criminal, someone who was recently in the news, etc.? And I'm not talking about some random house that's included in a photo taken while flying. I'm talking about intentionally getting a picture of someone's house, posting it on the internet, and saying "this is so-and-so's home".
     
  2. weilke

    weilke Touchdown! Greaser!

    Joined:
    Jan 26, 2010
    Messages:
    11,942
    Display Name:

    Display name:
    weilke
  3. eman1200

    eman1200 Touchdown! Greaser!

    Joined:
    Mar 10, 2013
    Messages:
    10,025
    Display Name:

    Display name:
    eman1200
    No. And stop air-stalking me, thanks.
     
    TRocket likes this.
  4. wsuffa

    wsuffa Touchdown! Greaser!

    Joined:
    Feb 22, 2005
    Messages:
    21,709
    Location:
    DC Suburbs
    Display Name:

    Display name:
    Bill S.
    Generally no, but to use the photo for commercial purposes you may need a photo release. In addition, some localities have laws about taking pictures of people's homes by drone - those are generally rooted in privacy concerns.
     
  5. John221us

    John221us En-Route

    Joined:
    Jan 5, 2012
    Messages:
    4,160
    Location:
    Rocklin, CA
    Display Name:

    Display name:
    John
    Google gets away with it.
     
    Goofy and murphey like this.
  6. Lachlan

    Lachlan Pattern Altitude

    Joined:
    Sep 23, 2015
    Messages:
    2,297
    Location:
    North Creek, NY
    Display Name:

    Display name:
    Lachlan
    They indicate who owns the homes in Google Earth? Who knew? (I guess Google knew...)
     
  7. John221us

    John221us En-Route

    Joined:
    Jan 5, 2012
    Messages:
    4,160
    Location:
    Rocklin, CA
    Display Name:

    Display name:
    John
    They publish the address. I guess it is possible to disguise ownership through a corporation, but most people don't. I guess a renter would also be anonymous.
     
  8. Ryanb

    Ryanb Final Approach PoA Supporter

    Joined:
    Jul 21, 2010
    Messages:
    7,622
    Location:
    Tennessee
    Display Name:

    Display name:
    Ryan
    A lot of celebrities home addresses are public information.
     
  9. Todd82

    Todd82 Pre-takeoff checklist

    Joined:
    Mar 19, 2017
    Messages:
    227
    Location:
    Southwest Ohio
    Display Name:

    Display name:
    Todd
    The aerial mapping business has been at it for a long time. No.
     
  10. TRocket

    TRocket Line Up and Wait

    Joined:
    Nov 10, 2014
    Messages:
    868
    Location:
    Huntersville, NC
    Display Name:

    Display name:
    Uncle Jesse
    Not illegal. Creepy, but not illegal.
     
  11. AmazonChitlin

    AmazonChitlin Pre-takeoff checklist

    Joined:
    Aug 22, 2013
    Messages:
    120
    Location:
    Phoenix
    Display Name:

    Display name:
    AmazonChitlin
    Theres no expectation of privacy outside your home, so you're good.

    Sent from my SM-G920V using Tapatalk
     
  12. James331

    James331 Touchdown! Greaser!

    Joined:
    Apr 18, 2014
    Messages:
    17,396
    Location:
    Behind you!
    Display Name:

    Display name:
    James331
    No.

    But if you're taking unsolicited photos of others property don't be surprised when you get some blow back from the land owner, some folks value their privacy.
     
  13. JC150

    JC150 Pre-takeoff checklist

    Joined:
    Apr 22, 2013
    Messages:
    422
    Display Name:

    Display name:
    JC150
    I think this is an interesting topic because more and more people are buying 'drones', and most of them have a camera on them. Anyone can buy one and fly it someplace and film what they want. There are videos on YouTube where people test the 1st amendment by flying their 'drone' over military bases, prisons, and police stations. Some people have gotten arrested, some haven't. I watched a couple videos, and it seems their argument is that the police stations/prison/etc do not own the airspace several hundred feet above, and therefore it is open to the public. Which brings an interesting question: just how high does your 'airspace' around your home go? The highest object in your yard such as a tree?

    I did some research this morning, and I could not find any precedent to answer your question. However, I did find some case law on how photography is (and isn't) protected by the first amendment. The ACLU has some resources on this as well.

    Porat v. Lincoln Towers Community Association: "To achieve First Amendment protection, a plaintiff must show that he possessed: (1) a message to be communicated; and (2) an audience to receive that message, regardless of the medium in which the message is to be expressed."

    Texas v. Johnson (1989): "In deciding whether particular conduct possesses sufficient communicative elements to bring the First Amendment into play, we have asked whether "[a]n intent to convey a particularized message was present, and [whether] the likelihood was great that the message would be understood by those who viewed it."

    Gilles v. Davis: "More generally, photography or videography that has a communicative or expressive purpose enjoys some First Amendment protection"

    Larsen v. Fort Wayne Police: "The first amendment however, does not protect purely private recreational, non-communicative photography"

    I'm no attorney, but based off my quick 20 minute google research, I'd guess if you have an audience and you have a message, it should be legal as long as you're not getting photos of them through their window.

    (this isn't legal advice, i'm not an attorney and I don't play one on TV. This is just my guess)
     
    James331 likes this.
  14. Pilawt

    Pilawt Final Approach

    Joined:
    Sep 19, 2005
    Messages:
    6,309
    Display Name:

    Display name:
    Pilawt
    Last edited: Jun 4, 2017
    Zeldman likes this.
  15. SkyDog58

    SkyDog58 Touchdown! Greaser!

    Joined:
    Jun 11, 2015
    Messages:
    11,199
    Location:
    My own special place.
    Display Name:

    Display name:
    Old dog w/o new tricks
    N747JB likes this.
  16. UngaWunga

    UngaWunga Cleared for Takeoff

    Joined:
    Oct 27, 2014
    Messages:
    1,286
    Display Name:

    Display name:
    UngaWunga
    shouldn't silly threads be down in 'hangar talk'?