Would it bother you if mom w/ kids in car take photos of your home? (how much, homes)
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However, the private property owner also has the right to not like that activity, the right to ask what that person is doing and why, not to mention the right to ask you to stop.
If the person is taking pictures on private property then absolutely. If the person is stopped on the street and takes pictures from the street of what's publicly visible then the homeowner may not like it, but can't do anything about it.
If they're privacy-conscious they should plant hedges or have a fence. Or just learn to ignore it.
If a homeowner doesn't have the right to bat down a drone flying over their house and taking pictures I guarantee they have no right to prevent photos taken from the street.
When we were doing some work on the front of our house, my husband and I drove by a house that had the kind of stone we wanted and had added it in the same design that we wanted as well. I got out of the car and rang the lady's bell, explaining how we admired their work and asked if she would mind if I took a picture so I could show the contractor what we wanted. She was very gracious and chatted with me, offering helpful suggestions as well. Sometimes it is all in the approach.... If someone approached me now in that way, I would be fine with it. However, I also would be a little concerned about a stranger just taking pictures, whether or not he/she had the legal right to do so. The world we live in has made us more cautious and, unfortunately, more suspicious as well.
The owner does not have the right to make you stop only right to ask you to stop. And the owner does not have the right to harass the person. And owner is not a legit name. He does not own the street.
Quote:
Originally Posted by markjames68
If the person is taking pictures on private property then absolutely. If the person is stopped on the street and takes pictures from the street of what's publicly visible then the homeowner may not like it, but can't do anything about it.
If a homeowner doesn't have the right to bat down a drone flying over their house and taking pictures I guarantee they have no right to prevent photos taken from the street.
Just to be clear, that is exactly what I wrote. Of course the owner cannot "make" you stop taking pictures. Since I specifically mentioned "courtesy" one would think I was not suggesting a confrontation like SandyJet described.
All I wrote was that both parties have their own opinion as to what it "right." Neither is obligated conform their behavior to the other's opinion. However, in a civilized society, one would hope a) the person with the camera would ask for permission, b) the homeowner would ask in non-threatening way "what are you doing" and c) the photographer would stop is asked to. If this type of courtesy still existed, I believe that 99% of homeowners would have no problem with allow the photography. It's the "too bad for you, this is legal and I have the right to do it" mentality that helps breed the "stop taking pictures of me and my home or I will hurt you/call the cops" mentality.
On the drone comment... that's not the case. At least it is not settled law. The person who took down the drone with a shotgun got in trouble for firing the shotgun. If he grabbed the drone with his hands and smashed it, this would have been a non-issue (and if they found the person flying it, he would have been in trouble). You own the airspace over your home. Flying over a home (or anywhere inside the property line) is trespassing. Same as walking onto someone's property without permission to take a photo. As drone use grows, we are going to see some interesting court cases around this issue.
We completely renovated our colonial last year and I drove around for months with and without my children in the car taking photos of houses all over. My son plays soccer and I travel from Queens to Wading River to watch his games and on those lazy Sundays I would drive around and look at different roof colors, siding colors, windows and landscaping. I had a ton of photos! Sometimes the owner would be outside and they really enjoyed talking to me all about their home.
my wife also does this (not taking photos, just noting colors). She made me drive fifty miles to see a particular roof color she liked after looking around for months. I thought she was insane. For some reason I feel much better now.
Just to be clear, that is exactly what I wrote. Of course the owner cannot "make" you stop taking pictures. Since I specifically mentioned "courtesy" one would think I was not suggesting a confrontation like SandyJet described.
All I wrote was that both parties have their own opinion as to what it "right." Neither is obligated conform their behavior to the other's opinion. However, in a civilized society, one would hope a) the person with the camera would ask for permission, b) the homeowner would ask in non-threatening way "what are you doing" and c) the photographer would stop is asked to. If this type of courtesy still existed, I believe that 99% of homeowners would have no problem with allow the photography. It's the "too bad for you, this is legal and I have the right to do it" mentality that helps breed the "stop taking pictures of me and my home or I will hurt you/call the cops" mentality.
On the drone comment... that's not the case. At least it is not settled law. The person who took down the drone with a shotgun got in trouble for firing the shotgun. If he grabbed the drone with his hands and smashed it, this would have been a non-issue (and if they found the person flying it, he would have been in trouble). You own the airspace over your home. Flying over a home (or anywhere inside the property line) is trespassing. Same as walking onto someone's property without permission to take a photo. As drone use grows, we are going to see some interesting court cases around this issue.
One minor point about your drone comment - the law generally finds that under 500 feet you have rights in your airspace. Above 500 feet it is under FAA rules, which currently allow drones if it's not controlled airspace.
I still am not sure destruction of property is permissible if it veers into your property, but I'm sure legal precedent will be set on this.
One minor point about your drone comment - the law generally finds that under 500 feet you have rights in your airspace. Above 500 feet it is under FAA rules, which currently allow drones if it's not controlled airspace.
I still am not sure destruction of property is permissible if it veers into your property, but I'm sure legal precedent will be set on this.
Yes, the "rules" on drones are all messed up now. Technically, there are no FAA rules, only suggestions (talking personal, not commercial use. Although there are some who claim simply posting on YouTube turns personal into commercial use).
The FAA guideline is currently 400ft max altitude for model aircraft. Earlier this year, they proposed a new set of guidelines (which have not yet been implemented) with a 500ft max height. These are non-enforceable "suggestions."
You "own" the "usable" airspace over your home. Yes, that is generally considered to be about 500ft, although circumstances can change that number. Aside from special circumstances (i.e. airports) the FAA does not regulate Class G airspace - up to 700ft, or 1200ft depending on location. So under 500ft would be trespassing - 500ft to 700 ft is a grey zone. Above 700 and you are in trouble with the FAA. But how is either party going to prove the altitude? (Even with a flight recorder on the higher end drones, one could argue the accuracy of the instruments).
Considering typical property sizes on LI, after about 100ft of so, it would be pretty hard to claim and prove with certainty that a drone was over your property line. Firearm and bow discharge is prohibited virtually everywhere on LI. If you were at an outdoor shooting range, and someone was dumb enough to fly a drone over it, you would be shooting "over the berm" to hit it - which is something a responsible shooter would never do.
To destroy a drone flying in your backyard, I am working from the assumption it is low enough that you could grab it with your hand, hit it with a small rock or baseball, or have your dog fetch it (my dog likes to chase my mini-quadcopter). At that altitude, it is obviously trespassing. If the drone pilot were to complain, they would face their own set of problems as flying that close to people is considered "reckless and dangerous." To "destroy" it at a higher altitude, you are probably doing something that is also "reckless and dangerous" (like the guy with the shotgun).
I agree that there will eventually be legal precedent on this, but feel it is much further out than one would expect. They seem to be avoiding many of the issues in this area, probably due to the potential for unintended consequences.
More likely, there will be local laws restricting drone use or prohibiting it altogether. As with many things, a few inconsiderate idiots ruin things for the rest of us. You can bet the day that a powerful LI politician sees a drone flying over his yard will be the day there is legislation introduced to make all if LI a "no-fly zone." (Unless they can find a way to profit from a licensing system). After all, it's "for the kids."
I still maintain it is easier to be courteous. Don't fly a drone over someone's yard. Ask permission if you want to photograph someone's stuff (depending on context).
There are better things for me to worry about. Are people really that bored with their lives? Do people really have that much time on their hands? That they would waste time worrying about someone taking pictures of a home?
Why would they do it? It is against privacy? I would not like it because I dont know why they are doing it and what could happen because of it.
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