Photographer
avimagery
Posts: 88
Stuttgart, Baden-Württemberg, Germany
Can the owner of a property you rented sue you for posting pictures you took there if you did not have explicit permission to take photos there? I had a misunderstanding with an Airbnb host regarding using an apartment I rented as a location for some non-commercial boudoir photos with some model friends, and they stated that since I did not get their permission to take photos there, that they could sue me if any images from the shoot were posted by me or the models.
I learned after the fact that the host had a rule about using their unit for photography, which I did not see when I booked the apartment; If I had seen the rule, I would not have booked that location (I acknowledged my mistake to both the host and Airbnb). I tried to resolve the issue but the host was, in my opinion, quite unreasonable demanding I pay them almost $1000 in "additional services" AND stated that the money did not imply rights to the photos and that if any were posted, they reserved the right to sue me. Because I had made the mistake during the booking, I did offer to pay them a rate comparable to what a rental studio would be in their area, around $300 for the day, but the host made it very apparent that they wanted to "punish me" and "teach me a lesson" and demanded the $1000.
Eventually I declined the $1000 request, so that it would go to the Airbnb Arbitration, and long story short, Airbnb suspended my account because they feel I violated their Safety Standards regarding Commercial Erotic Photography, even though the shoot I did was non-commercial and for personal use. Because my account is suspended, I have had no other communication with the host because we had used the Airbnb platform for all communication, but the host's threat regarding suing me still hangs in my head.
I paid to rent the space, so I should be able to do what I want there, so long as it isn't illegal, does not damage the property and does not disturb any of the neighbors, correct?
Anyone had any experiences like this?
Photographer
Znude!
Posts: 3320
Baton Rouge, Louisiana, US
You would be better off consulting an attorney in the same area where you rented the place, or at least the same country. Or it might be cheaper just to write the whole thing off and carefully read the contract in the future. I've seen a national news story about an "influencer" who ran in to this same issue and if I remember correctly lost the case.
I have had mostly good luck renting through AIRbnb but I am specific about my shoots with the owners.
There have also been cases where owners have hidden spy cameras to keep track of what's going on. If they place them inside it's usually criminal. I'm not sure about having them outside especially if they warn you about them.
And some models love a unique location and like to shoot selfies and video to add to their social media. You have to have an agreement with them for when it is and is not allowed.
Photographer
SayCheeZ!
Posts: 20621
Las Vegas, Nevada, US
avimagery wrote:
I paid to rent the space, so I should be able to do what I want there, so long as it isn't illegal, does not damage the property and does not disturb any of the neighbors, correct? Nope, that's not the way it works at all!
Here's a lcouple of links about the subject:
https://expertphotography.com/property-release-form/
https://www.google.com/search?q=propert … p;ie=UTF-8
Many people also assume that if a building is open to the public that photos are permitted. That's also not true.
I know many photographers that got kicked out of the Bellagio Hotel here in Las Vegas for shooting photos of their clients inside the hotel in areas that are open to the public. They've even SUCCESSFULLY sued a company for using an image of their building(s) shot from a public street (which in almost all cases IS legal)!
In the case of the Bellagio it's mainly done to insure the brand remains elite. They have their own photographers that follow strict guidelines and to create photos that meet required standards. If some GWC comes in and shoots a newlywed couple and the photos come out crappy, it's very likely that the friends and family that view the photos may think the hotel is not very good too.
Other reasons include safety (the property owner doesn't want people to trip over equipment that may be lying around) and security (how would you like it if someone came to your house and photographed everything inside it for whatever reason?).
Most shopping malls will remove photographers.
It's also a myth that it's only for COMMERCIAL photos. Usually that's what the permission is intended for but it's perfectly OK for a property owner to say NO PHOTOGRAPHY AT ALL (and it's done fairly often).
With all that being said maybe you can turn a negative into a positive by becoming an AUTHORIZED Air bnb photographer and have them as your client. https://www.airbnb.com/help/article/297
I'm pretty sure the rules are the same in most countries.
Photographer
Arizona Shoots
Posts: 28657
Phoenix, Arizona, US
I've used AirBnB's frequently and never had an issue. I make sure it's not obvious that's what I'm doing when bringing my gear inside.. (everything in suitcase-like bags, light stands in a golf bag).
In cases where the rental is unique and can be easily identified, I will message first and ask permission. In many cases they're perfectly fine with it and appreciate that you asked first. I've even had some offering me a discounted day-use fee.
Photographer
avimagery
Posts: 88
Stuttgart, Baden-Württemberg, Germany
SayCheeZ! wrote:
Nope, that's not the way it works at all!
Here's a lcouple of links about the subject:
https://expertphotography.com/property-release-form/
https://www.google.com/search?q=propert … p;ie=UTF-8
Many people also assume that if a building is open to the public that photos are permitted. That's also not true.
I know many photographers that got kicked out of the Bellagio Hotel here in Las Vegas for shooting photos of their clients inside the hotel in areas that are open to the public. They've even SUCCESSFULLY sued a company for using an image of their building(s) shot from a public street (which in almost all cases IS legal)!
In the case of the Bellagio it's mainly done to insure the brand remains elite. They have their own photographers that follow strict guidelines and to create photos that meet required standards. If some GWC comes in and shoots a newlywed couple and the photos come out crappy, it's very likely that the friends and family that view the photos may think the hotel is not very good too.
Other reasons include safety (the property owner doesn't want people to trip over equipment that may be lying around) and security (how would you like it if someone came to your house and photographed everything inside it for whatever reason?).
Most shopping malls will remove photographers.
It's also a myth that it's only for COMMERCIAL photos. Usually that's what the permission is intended for but it's perfectly OK for a property owner to say NO PHOTOGRAPHY AT ALL (and it's done fairly often).
With all that being said maybe you can turn a negative into a positive by becoming an AUTHORIZED Air bnb photographer and have them as your client. https://www.airbnb.com/help/article/297
I'm pretty sure the rules are the same in most countries. Thanks for the info. Was not aware of this, and have never had an issue with this before. I guess this my learning moment.
Photographer
avimagery
Posts: 88
Stuttgart, Baden-Württemberg, Germany
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