Legal Question in Intellectual Property in New York

I\'m a photographer who routinely takes family portraits. The portraits consist of varying ages of people from newborns to the elderly. Without expressed written consent, am I allowed to use those images for advertising my business on the web and/or in print?\n\nThank you for your time.


Asked on 7/31/09, 10:38 am

2 Answers from Attorneys
Adam Hirshfield Adam E. Hirshfield, Esq., PLLC

Generally New York law prohibits the use of someone's image or likeness for commercial purposes without that person's permission. So getting a release permitting you to use the photos in your advertisments would be the way to go.

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Answered on 8/05/09, 11:01 am
Steven Mark Steven Paul Mark, Attorney at Law

Probably not under NY law. Your release or contract with subjects should provide the liimited right to display your work.

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Answered on 8/05/09, 11:09 am


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