Legal Question in Business Law in New York

Pictures Permission

Hello,

I am starting a free public informational website in New York.

1) Do you need permission to take pictures of any business or property and post the pictures on the website?

2) Can you allow users of your website to upload their own pictures of the business or property.

3) Am I obligated to take down any pictures, reviews, or comments if the owner of the business requests for me to take them down.

Thank you,

Spencer


Asked on 10/07/07, 7:57 pm

2 Answers from Attorneys

Kristen Browde Browde Law, P.C.

Re: Pictures Permission

1) You need permission to use trademarks. But you do not need permission to use pictures you've taken. Sometimes those can conflict.

2) Yes, subject to the same restrictions as #1.

3) Only if the reviews or comments are defamatory, or the pictures are copyrighted by someone who has not given you permission to use them.

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Answered on 10/07/07, 8:41 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Pictures Permission

If you are starting a new business this is the wrong way to go about planning it. You should sit down and consult with an attorney on all your concerns, because it is difficult to answer anything in depth in this fashion.

The law with regard to the use of information that is of public interest is different than information of a private nature. The defrinitions of these two types of info themselves are complex. If it is a news related item for instance, if you take a photo or write an article of or about a matter in the news, no permision is needed, but if you were to reprint a photo or article, you would need to obtain the permission of the copyright owner to be in compliance with law.

You also should be aware of individual privacy rights, in other words, the people who are in the photos. A person has the right not to have his picture associated with an idea or product for commercial or promotional reasons without consent.

But if the person is the focus of a news story the public's right to know

outwieghs the privacy right.

If you allow users of the website to upload without editorial oversight, you could be sued for their violation of someone's privacy rights. Then there is defamation to be aware of.

See an attorney and get insurance.

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Answered on 10/09/07, 12:10 pm


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