Legal Question in Intellectual Property in New York

Pictures taken at a museum

I've recently visited the Madam Tussaud Museum at NYC. The Museum stated that photos are allowed. Being a professional photographer, I took some, and the results are some very artist and beautiful fine art photos. So much so I would like to include them on my website ans sell some prints. I am wondering if this is fine with the law, or not?


Asked on 3/06/08, 8:39 pm

2 Answers from Attorneys

Kristen Browde Browde Law, P.C.

Re: Pictures taken at a museum

That the museum permits photography is not necessarily a grant of a license for the taking of photographs for commercial sale. One would have to examine carefully the rights, if any, granted by the museum before offering an opinion.

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Answered on 3/06/08, 9:44 pm
Nancy Delain Delain Law Office, PLLC

Re: Pictures taken at a museum

The museum, in so stating, was probably talking to the general public, most of whom are not professional photographers. If there is a written license to photograph, Mr. Browde is correct; we'd need to see it to analyze the rights contained therein.

If this was some employee telling you that photos are permitted, it would make a difference whether or not you identified yourself to this person as a professional photographer.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 3/07/08, 8:19 am


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