Legal Question in Intellectual Property in New York

libel

Can I use a photo of a friend in my memoirs without his/her permission? Some of the friends are dead and others have moved away. The memoirs about NY state is not for publication but a copy will be given to a public library.


Asked on 11/25/07, 7:47 pm

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

Re: libel

If a face is recognizable in a photo, it's generally best not to publish the photo without the permission of the owner of the face.

Obviously, permission from dead people is hard to get, but their executors can grant permission on their behalf. Check with the court that handles probate in the county where they died to see who the executor is (in NY, that would be the Surrogate's Court).

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Answered on 11/25/07, 8:35 pm


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