Legal Question in Intellectual Property in New York

If, say, a picture of a public person, contemporary or historic, has appeared on several sites without permission of (or attribution to) the rightsholders, if any, and those rightsholders, if any, have not complained, then may I also post the picture on my site without permission or attribution?


Asked on 8/29/09, 9:38 am

1 Answer from Attorneys

Sarah Grosse Sarah Grosse, Esquire

No. Acquiescence on the part of the IP owner may be an affirmative defense to your infringement of their rights, but it is not a blanket "okay" to infringe.

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Answered on 9/08/09, 8:13 pm


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