Is a “Property Release” Required for Use of Photo of a House for an Advertisement?

Issue:  HSBC Bank USA used two photographs of house in a brochure (viewable on Scribd) distributed with the San Francisco Chronicle to advertise mortgages.  The owner of the home sued under seven theories of law after others asked him about his financial condition and whether his home was for sale.

The result:  No liability under any of the theories.  The Property, intangible blog has the full story.

A similar result occurred with the Benjamin Ham lawsuit reported on my January 25, 2009 blog.

Check Photo Attorney on, in the Article Center, and on Twitter!