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
1 Answer from Attorneys
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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