As a builder, can I legally post pictures of home remodels on my business website without the homeowner’s permission?

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As a builder, can I legally post pictures of home remodels on my business website without the homeowner’s permission?

This would be of work that I had done.

Asked on June 2, 2015 under Business Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, you cannot, unfortunately. Doing so would violate the homeowner's right to control the use of their property for commercial gain and could also violate their privacy. However, in the future, you could include in your terms of service/agreement a provision allowing you to post such pictures, which would be binding on anyone engaging your services under an agreement including such terms; and/or you could offer homeowners a small credit or rebate if they will agree to let you do this. (Get any agreement in writing.)


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