Legal Question in Intellectual Property in New York

right to photograph

I have a photo studio. Can I place a photographer in a public place, like in front of the Empire State Building ask passers-by if I can take their picture, then give them a card to find and buy that picture online. Do I need a vending licence? permission from the city, permission from the owners of the Empire State Building? Please advise. Thanks, Stephen


Asked on 11/02/07, 8:45 am

1 Answer from Attorneys

Steven Mark Steven Paul Mark, Attorney at Law

Re: right to photograph

Can I place a photographer in a public place - yes

ask passers-by if I can take their picture, - You can ask

then give them a card to find and buy that picture online - Yes

Do I need a vending licence? - Probably not. You will need a Certificate of Authority. Call the NYS Tax Dept. and ask for Publication 750. You may be able to find it on their website.

If you're using a hand-held camera and are on public property and not creating a nuisance or blocking sidewalks you don't need permission, subject to Certificate above.

Under NY law, you need written consent to use someone's picture in commercial manner. (Civil Rightd Law 50/51).

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Answered on 11/02/07, 9:03 am


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