Is it legal to photograph someones dog?

Hello, The other day I was carrying my camera and was trying to take a picture

of a dog that was in it's front yard. An 18 year old kid came running out of

the house yelling at me saying that "I did'nt give you permission to take

pictures of my dog". I just walked away.

 

I don't earn income from taking these pictures but was wondering if taking

pictures of someones dog without their permission in New York is illegal.

Please let me know if you do. thank you.

No it's not illegal. If you were in the yard, not on the public street or sidewalk, then the

residents could ask you to leave. That's all they can legally do. The dog is private property,

but if it's in public view you can photograph it legally without permission. Ditto the kid,

the house, etc.<br><br>

 

If you used the photograph commercially (like for a poster, advertising campaign, stock

photograph) then you would need a release from the owner of the dog and perhaps the

house, if they were recognizable. If you are producing art or editorial content for a

newspaper, then you would not need a release, even if you made money off the editorial

use. You cannot present the photograph in a false light, for example with the untruthful

caption "this dog bites," if you can't show that dog does bite people.

<br><br>

For details in New York state see <a href="http://www.rcfp.org/photoguide/states/

newyork.html">http://www.rcfp.org/photoguide/states/newyork.html</a>.

I am not a lawyer.

 

With that out of the way, I'll say this:

 

In most places, it is perfectly legal to take pictures of ANYTHING, except a person with a "reasonable expectation of privacy" (ie somneone in a house with the curtains drawn, etc).

 

Trespassing, however is still illegal.

Thank you, I didnt trespass, I was on the sidewalk. Good to know though that I did'nt need his permission. I have the feeling it was the 18 year old 50 lb. chip on his shoulder that was p'd off. The dog was really cute and friendly so I would'nt represent it in a false light but also good to know.

 

One other question, I was planning on making a calendar of some of the dogs I shoot. Most I know and it's not a problem but this one obviously is now an issue. If I was to use this dog's picture even though the calendar's would be gifts, would that be illegal?

If you are not selling the calendars, or trading them for something of value , I would think you could use them. The two above posts are correct.

That's right, when I gave the calendar example, I meant a calendar for sale as a commercial

product. If you are just giving it away to friends, there will be no legal problem I can think of

with that use. I'm no lawyer either, but I have read a bit on the subject. Good luck!

The one exception to the above posts however is when the animal is a commercial entity, so to speak. Example: taking a picture of quarter horses on someone's property from the road, no people, no buildings, no problem. However, if one of the horses is a prize winner, race winner, etc., better get a release.

 

Also, keep in mind that just because you don't legally need a release doesn't mean you can't get sued and end up spending lots of money on a lawyer. Plenty of people get sued in this country when they did nothing wrong. Many pros get a release ALWAYS in an attempt to just avoid hassles later.

Many times it's best to take the high road and ask the owner's permission first. It is amazing how many problems can get solved with a little communication.

People like that are the reason I often carry mace in my bag.

Pick out the dogs you want to photograph, send the people a flyer telling them they've won a Free Dog Photo Sitting, and put your release in the fine print when they come in. : )

Despite what PETA says, animals don't have rights.

 

Normal trespass rules apply.

Well it wasn't the dog that objected, so whether said dog has rights or not is neither here nor there.

Legal. But if they don't want you to do it...

One wonders if on dog.net they are asking if its ok to bite photographers?

Thanks everyone for your answers. The photo in question was taken weeks ago but since my encounter with this kid a few days ago, I don't plan on taking any more pictures of this dog. I think his attitude had more to do with his age and perhaps guilt over his lack of involvement with his own dog. I really felt like telling him that if he devoted as much energy into playing with his dog as he does to being an overall jerk then the dog wouldn't be so hungry for affection which is why I started to pet it in the first place. I did'nt take it's picture till months later. Anyway, it's all a learning process. Thanks again guys. mari

You should have smacked the punk up side the head and tell him there is a proper way to approach people!

Robert, assault is criminal. The kid had a perfect right to object, even if it was rude behavior.

Never touch anyone you don't know without permission.