Legal Question in Civil Rights Law in New York

Publishing photos from the public domain

I was at a public event in New York. I took a video of the event and interviewed people in the video. It came out great and would love to sell it to other teachers. I do not have written permission from the participants in the video. Since it was a public event and they willingly spoke with me, can I sell the video? I have no way of contacting these people at this point.


Asked on 2/26/05, 3:19 pm

2 Answers from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: Publishing photos from the public domain

If you are planning to profit from the sale of these photos, you cannot market a video with the depiction of these people without their permission.

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Answered on 2/27/05, 3:07 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Publishing photos from the public domain

It depends on whether it is news, and whether you are doing it to make a profit, or sell a particular point of view. Generally under the NY Civil Rights law there are both criminal and civil penalties if you use someone's photograph in a publication, without permission.

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Answered on 2/26/05, 10:07 pm


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