Legal Question in Intellectual Property in New York

There are really two issues with what you propose. The first is the copyright interest in the photo. Being you took the photo, then the CR is owned by you and no need to go further on that. The second is whether you posting and commercializing this violates the right to publicity and privacy (state claims that vary) of the property owner. When they themselves are identifiable from the photo, this is more of an open and shut case. But I have seen law suits brought where the subject was not the person but rather their property (a boat in the case I have in mind).

This is likely not a very good claim and unless they can show that the subject property has some celebrity or notorious value, I doubt any such claim would be very fruitful, but this does not mean that they cannot bring the action anyway and force you to answer the complaint, which will cost you thousands in legal fees unless it is brought to small claims court in which case it will cost you your time or unless you are ok with a default judgment against you. So if you do move forward, you should stand ready to remove any photo at any time should someone complain. In my view, unless you can make a lot of money on it to justify the risk, it is not worth putting up a fight about.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

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DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.