photos and copyrights

[luvmycat]

I have been searching for the answer to these questions, but all the answers I get are too vague.

What are copyright laws for photos of private property & profit?

I know the photographer owns the photo, but what if the photo gets put in a calendar or something?
Is permission supposed to be granted from the property owner first, even if taken from the roadside? Do they have rights to royalties?

[Bit]

I think it might fall under the orphan works rule and that you wouldn't get a penny from it.

http://en.wikipedia.org/wiki/Orphan_works

[cotell]

I'm thinking photos and music sampling operate pretty much the same way.

You own the rights to that photo, no one else can use it without your permission. If they use it as their own work you can send them a cease and desist and legally they have to comply or if you would rather, they can just give you photo credit. If they don't comply and if it's online you can contact the host and they may take it down.

If they generate revenue from it, you can seek damages. But it could be a long drawned out process.

If it's you that wants to use the photo for profit and you can't locate the owner and you can show that you tried to locate the owner before using it, more than likely you have to pay a standard fee if the owner finds out. There probably won't be a fine or penalty involved.

http://creativecommons.org/

[Terri]

It is so vague there is no way that anyone could try and get money from a picture taken without spending lots money to get little money. Say I went outside and took pictures of the moon and put them on a calender. What is the difference if I drove by a farm and took pictures of a barn and put them on a calender? The law would have to say that you needed permission to take photos of private property. I know publishers can take pics of anything anywhere and use them without permission. So do newspapers, paparazzi, etc. You take the photo, you own it. With music, it is the artist who creates it and has the rights to it as does the photographer who creates the photo. I think it's the same. If someone drove by and took a picture of my house I couldn't get royalties from that. Insurance companies do it all the time. My answer would be no, the owner of the property wouldn't get anything from your calender.