I don't think it's that owners of buildings aren't litigious about pictures taken of the buildings, it's just that the letter and the intent of the law is quite clear.
Here's a rather interesting read - but it gets into a lot of discussion of the legal issues of buildings, separate artistic works, etc. And this was serious big money litigation!
Lesourdsville is still around, though part of it got demolished. We are in contact with the owner and are working to get permission for a summer trip. Idora and Moxahala are completely gone.
Ok, I'm a lawyer, and I'll give you my non-lawyer advice:
(1) Retain and get an attorney's advice; (2) form an official corporation/photography business so if you do get sued your personal assets (home, etc...)may be more protected;
(3) buy liability insurance for your business. (This isn't a sure thing and you'll have issues because some of the acts you could be sued for already occurred (so not within the policy period), and if you break the law, that will likely be another basis to disclaim) But its better to have it than not.
Let me give you some practical advice. I'm involved in mostly defending people (and companies) who get sued, but I have handled cases on both sides. People (and their lawyers!) sue when there is money to be made - and the people at risk are people that have assets and/or insurance money to be had.
As a result, the more successful you are in your endeavor the more likely it is you will be sued. You can take that to the bank.
Wait...you are asking photographers a legal question? Do you ask lawyers what f stop to use for portrait work?
My .02...you are breaking the law and want to know if its legal for you to profit off of photos taken illegally. You are asking for a heap of trouble. You clearly need to get permission to be there, and then to publish the images.
RG, with your lawyer cap on, how exactly "may" incorporation protect an individual's personal assets against liability resulting from torts or copyright infringement by such individual
"My conflict is in that the owner of the property has at no time given me permission to photograph there, and I don't expect that I will be able to obtain it."
Lesourdsville is still around, though part of it got demolished. We are in contact with the owner and are working to get permission for a summer trip. Idora and Moxahala are completely gone.
I'm not an attorney and I didn't sleep at a holiday inn last night, so I don't feel I can answer your question but having been to Chippewa Lake several times as a kid in the 70s I'd love to see more photos of the place. It was never really as good as Geauga Lake, Ceder Point or King's Island but it was kind of sad to see it go.
