Final Expense Whole Life Insurance

​​Practical Guidance for HDAC Members and the Community

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Research reviewed September 14, 2026

     During a meeting of the Historic Dumbhundred Action Committee, a question arose concerning whether it is legal to photograph someone’s house without first obtaining the owner’s permission. The question is especially relevant as HDAC documents the architecture, streets, landmarks, and changing appearance of Cumberland’s historic Dumbhundred neighborhood.

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The Short Answer

     As a general rule, a person who is lawfully standing on a public sidewalk, public street, public park, or other public location may photograph the exterior of a house and other features plainly visible from that location. Permission from the property owner ordinarily is not required.

A review conducted on September 14, 2026, found no Maryland statute, City of Cumberland ordinance, or Allegany County law specifically prohibiting ordinary photography of a house that is visible from a public sidewalk or street.

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The principal legal limitations concern:

• Where the photographer is standing

• Whether the photographer enters private property

• Whether private interiors or secluded areas are deliberately photographed

• Whether a resident is repeatedly targeted or harassed

• Whether a video records a private conversation

• How photographs of identifiable people are subsequently use

Photography From a Public Place

     The general legal principle is that a person lawfully present in a public place may photograph buildings, street scenes, and other subjects plainly visible from that location.

The American Civil Liberties Union summarizes the broader constitutional principle this way:

“Taking photographs and video of things that are plainly visible in public spaces is a constitutional right.”

This principle is especially well established when photography documents public places, architecture, government activity, news, history, or other matters of public interest.

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For HDAC’s purposes, this generally means that photographs may be taken from a public location of:

• House exteriors

• Porches and architectural ornamentation

• Steps, fences, retaining walls, and outbuildings visible from the street

• Rows of houses and general street scenes

• Churches, commercial buildings, and neighborhood landmarks

• Parked vehicles and people appearing incidentally in a broader street scene

The fact that a house is privately owned does not, by itself, prevent someone from photographing its publicly visible exterior.

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Read the ACLU’s overview of photographers’ rights.⁠

Federal Law Permits Photographs of Visible Architecture

Federal copyright law expressly permits photographs of constructed buildings that are visible from public places.

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Title 17, §120(a) of the United States Code⁠ provides that the copyright in an architectural work does not include the right to prevent photographs or other pictorial representations when the building is “located in or ordinarily visible from a public place.”

The law permits the making, distribution, and public display of such photographs. This supports the use of exterior building photographs in historical articles, educational projects, neighborhood maps, websites, and similar publications.

The Photographer Must Remain Where Legally Permitted

An important distinction exists between photographing private property and physically entering private property.

A person may generally photograph a house from a public sidewalk. That does not provide permission to enter the yard, driveway, porch, front walk, vacant lot, or another privately owned area to obtain a better photograph.

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Maryland Criminal Law §6-402⁠ prohibits entering property that has been conspicuously posted against trespassing.

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Maryland Criminal Law §6-403⁠ also prohibits entering or remaining on private property after the owner or the owner’s representative has given notice not to do so.

HDAC photographers should therefore remain on:

• Public sidewalks

• Public streets or alleys where pedestrians may lawfully stand

• Public parks and public plazas

• Private property only when permission has been obtained from the owner or an authorized occupant

     An unfenced front yard, front walk, or driveway should not be treated as public property merely because it is easily accessible.

Private Interiors and Secluded Areas

Ordinary photographs of a building’s exterior are different from deliberate surveillance of a person inside a residence or in another place where privacy can reasonably be expected.

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Maryland Criminal Law §3-902⁠ addresses deliberate, surreptitious visual surveillance undertaken with prurient intent. It prohibits certain surveillance of an individual in a private place and certain photography of intimate areas that a reasonable person would not expect to be visible publicly. The statute specifically recognizes bedrooms and residences as places in which privacy may exist.

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HDAC photographers should not:

• Aim a camera deliberately through bedroom or bathroom windows

• Attempt to photograph residents inside their homes

• Reach over or photograph around privacy fences

• Use extreme magnification to observe something that is not readily visible to an ordinary passerby

• Photograph someone in a secluded backyard where privacy is reasonably expected

A sound practical rule is to photograph the building and street as they would naturally be seen by an ordinary pedestrian.

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Harassment and Repeated Surveillance

Maryland Criminal Law §3-803⁠ addresses harassment and specifically mentions visual surveillance of an area of another person’s residence where the person has a reasonable expectation of privacy.

For conduct to violate this section, the statute requires circumstances including an intent to harass, alarm, or annoy; a reasonable warning or request to stop; and the absence of a legal purpose. The statute also protects certain peaceful informational and constitutionally protected activities.

One good-faith photograph of a publicly visible house for a historical project is substantially different from repeatedly waiting outside a residence, following an occupant, or continually directing a camera at a particular person.

If a resident expresses concern, the photographer should calmly explain that HDAC is documenting the neighborhood’s architecture and history. Even when a photograph would be legally permissible, courtesy and good community relations may favor moving on or arranging another time to photograph the property.

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Still Photography and Audio Recording Are Legally Different

     Maryland law treats the recording of private conversations differently from silent photography.

Under Maryland Courts and Judicial Proceedings §10-402⁠, it is generally unlawful to willfully intercept a protected wire, oral, or electronic communication unless a statutory exception applies.

When a participant records a protected private conversation, Maryland generally requires the prior consent of everyone participating. An unlawful interception can carry serious criminal and civil consequences.

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     However, Maryland law does not prohibit every recording that happens to contain someone’s voice.

Maryland Courts and Judicial Proceedings §10-401⁠ defines an “oral communication” as a conversation or words spoken in a private conversation.

Consequently:

• Ordinary traffic, birds, trains, and general background noise do not present the same issue as a private conversation.

• Words intentionally spoken publicly or loudly enough for ordinary passersby to hear may not constitute a legally protected private conversation.

• A quiet conversation between neighbors or residents may be protected when the speakers reasonably believe it is private.

• Deliberately positioning a telephone or camera to capture such a conversation should be avoided.

• A private conversation should not be recorded, published, or transcribed without the consent of everyone participating.

     Because the distinction can depend upon the circumstances and the speakers’ reasonable expectations, the safest HDAC practice is to use still photographs whenever possible.

When video is needed, the microphone can be disabled, the sound can be removed before publication, or permission can be obtained from identifiable speakers.

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People Appearing in Street Scenes

     A person who appears incidentally in a photograph taken in a public place does not ordinarily make the entire photograph unlawful. Nevertheless, HDAC should distinguish between someone appearing incidentally in a broad street scene and making an identifiable individual the principal subject of a photograph.

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As a matter of courtesy and responsible historical documentation:

• Permission should be requested before making a recognizable resident the featured subject.

• Particular care should be taken when photographing children.

• Unflattering, embarrassing, or misleading photographs should not be published.

• Captions should not make unsupported accusations or disclose sensitive personal information.

• A recognizable person’s image should not be used in commercial advertising in a manner suggesting an endorsement without permission.

     A photograph used in an educational or historical article is different from using someone’s face to advertise a product, service, or business.

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Cumberland and Allegany County Provisions

The City of Cumberland Code and Allegany County Code were searched for provisions specifically governing ordinary photography of houses and street scenes. No local prohibition of this kind was located in the review conducted on September 14, 2026.

     The City of Cumberland identifies “use of public right of way” as an activity that can require a permit. This could become relevant if a larger photographic production used tripods, lighting, actors, cables, equipment, or staging that obstructed a sidewalk or interfered with traffic.

It would not ordinarily describe a person walking through the neighborhood and taking handheld photographs without causing an obstruction.

The current local code resources may be consulted through the following links:

• City of Cumberland Code of Ordinances⁠

• Allegany County Code⁠

• City of Cumberland Permit Information⁠

Recommended HDAC Street-Photography Guideline

Photographs of buildings and general street scenes may ordinarily be taken from public sidewalks, streets, parks, and other places where the photographer is lawfully present. Photographers must not enter private property without permission, deliberately photograph into private areas of a residence, harass or repeatedly target residents, obstruct sidewalks or traffic, or knowingly record private conversations without the consent of everyone participating. Whenever practical, permission should be requested before an identifiable resident—especially a child—is made the featured subject of a photograph.

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Five Practical Rules

HDAC’s street-photography practices can be summarized in five rules:

1. Remain on public property unless permission to enter private property has been obtained.

2. Photograph only what an ordinary passerby can readily see.

3. Do not deliberately photograph inside a residence or into a secluded private area.

4. Avoid repeated conduct that could reasonably be understood as targeting or harassing a resident.

5. Do not record a private conversation without the consent of all participants.

Conclusion

HDAC members may generally photograph interesting houses, architectural details, neighborhood landmarks, and street scenes while standing on public property. Property-owner permission is not ordinarily required for a photograph of the publicly visible exterior of a house.

Following the five practical rules above will allow HDAC to document the Dumbhundred neighborhood’s history and changing appearance while respecting residents, private property, and Maryland privacy law.

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Sources and Further Reading

• Maryland Criminal Law §3-902 — Visual Surveillance⁠

• Maryland Criminal Law §3-803 — Harassment and Residential Visual Surveillance⁠

• Maryland Criminal Law §6-402 — Trespass on Posted Property⁠

• Maryland Criminal Law §6-403 — Entering or Remaining on Private Property After Notice⁠

• Maryland Courts and Judicial Proceedings §10-401 — Definitions⁠

• Maryland Courts and Judicial Proceedings §10-402 — Interception of Communications⁠

• 17 U.S.C. §120 — Photographs and Other Representations of Architectural Works⁠

• American Civil Liberties Union — Photographers’ Rights⁠

• City of Cumberland Code of Ordinances⁠

• Allegany County Code⁠

• City of Cumberland — Permit Information⁠

 

Legal-information notice: This article provides general information based on statutes and online code resources reviewed on September 14, 2026. It is not a formal legal opinion or individualized legal advice. Laws, ordinances, and their interpretation may change.

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Research & Editorial Note: This article was researched and compiled by Dan Mullin for the Historic Dumbhundred Action Committee (HDAC), using historical records, published sources, online research tools, and artificial intelligence as research and editorial aids. Sources were reviewed and the final content was selected, organized, and edited with human judgment.

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