TooCoolQueeniee wrote:
lol@ egging....I'd rather not waste good food on a grouchy woman.
At least she said thank you I guess but the tone was so cold and rude I was shocked.

how about some toilet paper?
TEEPEE!!!

TooCoolQueeniee wrote:
There's a house down the street from me they had their decorations I thought it looked all pretty with the snow so I snapped a shot....and well I thought I'd be nice and give them a copy of it, just cause I'm nice and it's the Christmas season. So I went today to give them the picture after all it IS their house, and I told her I was a aspiring photographer handed her the picture and she was very rude and said "I don't think so!!!" I was like errrr you don't have to buy it I just thought I'd give it to you since it is your house, I'm sorry if I made you mad"  And she just said all pissy like "WELL THANK YOU BYE!"
eesh last time I be nice....So my kind heart bites me in the ass once again.

Can they do anything?? I'd hope not...
sorry for the lame post...I probably should of just kept it to myself.
This is the picture I took

I think the house and decorations may be generic enough that they would be unable to PROVE it is their house.  My non-legal opinion says that you probably do not need a property release.

If you have no intention of trying to sell the image, that's reason for you to be even less concerned.
You would think people going through the trouble of decorating their house like this would...

1. Be more gracious
2. Love to have a photo!!  Especially one that is so well done!

Christopher Hartman wrote:

I think the house and decorations may be generic enough that they would be unable to PROVE it is their house.  My non-legal opinion says that you probably do not need a property release.

If you have no intention of trying to sell the image, that's reason for you to be even less concerned.
You would think people going through the trouble of decorating their house like this would...

1. Be more gracious
2. Love to have a photo!!  Especially one that is so well done!

I would agree that the reaction they had was unexpected, and rude. But, as for proving it is their house, they now have a copy of the photo and her word that it was of their house.

KatieK wrote:
I think it's great!  And very kind of you to offer them a print.  Don't let the b*tch get to you.

If it makes you feel any better, I got flipped off in the Wal-Mart parking lot a couple of days ago by this manic Christmas shopper because I pulled into a parking space she wanted.  Then got a dirty look from an old dude today when I offered to let him go through the door of the grocery store first so I could put money in the Salvation Army bucket.

I hate/love the Holidays!!!

Oh man I hear ya, I had a lady cursing up a storm at me and flipping me off cause I was trying to get out of target I was in my lane it isn't my fault she pulled out to face my vehicle so i sat there waiting for to get herself situated I was fine not angry things happen.  But boy she gave it to me and then some.
People are real pains in the ass this time of year. I have a love hate relationship with the holiday season too.

Cecil Sharps wrote:
drop a few needles on her lawn, maybe some baking soda in a small cellophane. then call the cops.  Pretty red and blue lights to match the decorations will make one hell of a picture.

lol oh man that would be awesome!

Mike Vinereanu wrote:

how about some toilet paper?
TEEPEE!!!

Teepee wouldn't be a bad idea, but I just can't see myself doing it, you can though:)

Christopher Hartman wrote:

I think the house and decorations may be generic enough that they would be unable to PROVE it is their house.  My non-legal opinion says that you probably do not need a property release.

If you have no intention of trying to sell the image, that's reason for you to be even less concerned.
You would think people going through the trouble of decorating their house like this would...

1. Be more gracious
2. Love to have a photo!!  Especially one that is so well done!

Well here's to hoping. Thank you for the feedback. I would of thought so to, I mean you have it there for show..so why get mad?

TooCoolQueeniee wrote:
Teepee wouldn't be a bad idea, but I just can't see myself doing it, you can though:)

find an out of work highschooler.  give him a 20 dollar bill and a bottle of thunderbird.

thunderbird you know it's good because it's fortified.

Christopher Hartman wrote:
or go back later when you see the husband.

then he'll love the photo (he probably did all the work on the house) and later show wife.

And she'll be, "That bitch!!!"

and he'll be, "Damn woman, you're crazy.  She was just being nice!!"

and then'll be, "the photo goes or I go!"

then he'll say, "Ok, the photo goes."

Then they'll have sex that night.

Then he'll say, "On second thought, you should go."

Then he'll get a new wife.  And she'll love your photo.

Thank you you made me laugh quiet a bit job well done, the images were going through my head as I read.

The Don Mon wrote:
burn the house down that way it makes a limited edition.....

karma's a bitch

hahahhaha oh my

Mikel Featherston wrote:

I would agree that the reaction they had was unexpected, and rude. But, as for proving it is their house, they now have a copy of the photo and her word that it was of their house.

I'm not sure if that legally matters.  I think I can take a picture of a UPS airplane, edit out the logos, and then do whatever the hell I want with it.  I don't think even Boeing could come after me (assuming it was a Boeing airliner).

Think about on TV.  THey don't do it much these days, but comedies never licensed soda brands.  They'd use tape or something to make Coke not be Coke.  But we could still tell by the colors the swirl thing they have that it was a Coca-Cola can.  But since you couldn't read Coke or Coca-Cola, it was ok.

Their address is not in the photo.  Their name doesn't appear to be on the photo. There is nothing in the photo of a specific design that they claim ownership over.  I don't think they can protect their lighting setup as it's too ordinary.

I think they'd lose.  My opinion.  And not just because they are rude basturds.

Christopher Hartman wrote:

I'm not sure if that legally matters.  I think I can take a picture of a UPS airplane, edit out the logos, and then do whatever the hell I want with it.  I don't think even Boeing could come after me (assuming it was a Boeing airliner).

Think about on TV.  THey don't do it much these days, but comedies never licensed soda brands.  They'd use tape or something to make Coke not be Coke.  But we could still tell by the colors the swirl thing they have that it was a Coca-Cola can.  But since you couldn't read Coke or Coca-Cola, it was ok.

Their address is not in the photo.  Their name doesn't appear to be on the photo. There is nothing in the photo of a specific design that they claim ownership over.  I don't think they can protect their lighting setup as it's too ordinary.

I think they'd lose.  My opinion.  And not just because they are rude basturds.

It is a shame her gesture was treated with such disrespect.

Christopher Hartman wrote:

I think the house and decorations may be generic enough that they would be unable to PROVE it is their house.  My non-legal opinion says that you probably do not need a property release.

If you have no intention of trying to sell the image, that's reason for you to be even less concerned.
You would think people going through the trouble of decorating their house like this would...

1. Be more gracious
2. Love to have a photo!!  Especially one that is so well done!

I'd have to look at the copyright website to be sure, but I'm pretty sure that you can use this photo for anything you want. If a building is visible from a public place it becomes fair game for photography. If you have to trespass in order to shoot then you will need a property release. I'm rather sure there is a provision for just this sort of thing in the copyright law...

  Here's something I found on the Stanford University's website:
http://fairuse.stanford.edu/Copyright_a … /12-d.html

2. Property Releases

In some cases, you'll need to obtain a release for using pictures of places. You may find this odd -- after all if a building can be viewed publicly why is permission required to use an image of it? Over the last few decades some buildings have earned protection under both trademark or copyright laws or both. Trademark law will protect a building's appearance under very limited circumstances. If a distinctive-looking building is used to signify a business's services, then you cannot use an image of that building in a manner that will confuse consumers. For example, the Sears Tower in Chicago functions as a trademark, and if you intend to use it in the foreground of an advertisement, permission should be obtained from the Sears Company. Use of the building's image for informational purposes, such as in magazine article, does not require permission.

Is permission needed to use the image of a trademarked building on a postcard or poster? That issue arose when a photographer sold images of the Rock and Roll Hall of Fame. A federal court of appeals permitted the use of the trademarked building on posters and did not consider it to be trademark infringement. (Rock and Roll Hall of Fame v. Gentile, 134 F.3d 749 (6th Cir. 1998).)

Copyright protection also extends to architectural works, specifically for architectural works created after March 1, 1989. However copyright protection also has limitations. A release is not needed to photograph a building or property visible from a public place. However, permission is needed to photograph and reproduce images of a building protected by copyright and not visible from a public place. Entering private property to photograph a building or related private property may also trigger a claim of trespass. To avoid such claims, photographers, publishers and filmmakers use a property release, sometimes known as a location release.

TooCoolQueeniee wrote:
There's a house down the street from me they had their decorations I thought it looked all pretty with the snow so I snapped a shot....and well I thought I'd be nice and give them a copy of it, just cause I'm nice and it's the Christmas season. So I went today to give them the picture after all it IS their house, and I told her I was a aspiring photographer handed her the picture and she was very rude and said "I don't think so!!!" I was like errrr you don't have to buy it I just thought I'd give it to you since it is your house, I'm sorry if I made you mad"  And she just said all pissy like "WELL THANK YOU BYE!"
eesh last time I be nice....So my kind heart bites me in the ass once again.

Can they do anything?? I'd hope not...
sorry for the lame post...I probably should of just kept it to myself.
This is the picture I took

This is very sad -- the home owner should have been very happy for your photo; most sane people would be. And when you told her you weren't trying to sell it (I could see her being confused about this) the "normal" would be to laugh it off and offer you a beer. Well, I would anyway. People can be mean, and there's really nothing worse than a fake "thank you." It's all good -- her karma will come back and bite her in the ass. It always does.

  Nice photo by the way!

  -P-

Christopher Hartman wrote:
...Go back later when you see the husband.

then he'll love the photo (he probably did all the work on the house) and later show wife.

And she'll be, "That bitch!!!"

and he'll be, "Damn woman, you're crazy.  She was just being nice!!"

and then'll be, "the photo goes or I go!"

then he'll say, "Ok, the photo goes."

Then they'll have sex that night.

Then he'll say, "On second thought, you should go."

Then he'll get a new wife.  And she'll love your photo.

It is also very possible that the day before you snapped your shot, her husband of many years was killed in a car wreck.  And he was the one that made her house so beautiful through the years.

We never know what tragedy has afflicted those around us, or how we would react under such trying circumstances.

I would give her a pass and thank God we all have our own happy, comfortable lives. And hope we never know such pain that would blind us like this.

Make a beautiful print and write a nice letter to her, letting her know that the beauty of her lights inspired you.  And you would like to thank her with this gift.