Legal Question in Intellectual Property in New York

You are in a private business (also considered a public place as per NY law apparently) and your disgruntled customer starts video recording you. You make it clear you don't want to be recorded, and then they start recording again. Is this legal in NYS?

Asked on 1/22/18, 11:51 am

1 Answer from Attorneys

Frank Natoli Natoli-Legal, LLC

I'm not really sure what you mean. A hotel lobby is pubic for example to the extent that anyone is free to walk into it, but try video recording in a Barbizon property and watch how fast they ask you to leave. You don't have to allow anyone access to your lawfully occupied space whether that is a lease or you own it. You can ask them to leave and if they do not they are trespassing. You just can't refuse access based on protected class like race, religion, etc. This does not mean that a customer will have no legal complaint against you, if for example there is an underlying contract dispute or something like that, but if they are in your space like a retail store, you are free to ask them to leave or get the police involved no different than a hotel or mall would do the same.

If you need more clarification, I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Our firm is now referred by the American Bar Association (see under the New York section):

Kind regards,



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DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

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Answered on 1/22/18, 11:59 am

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