Legal Question in Intellectual Property in New York
Publishing photos without subject's permission
A friend and I would like to publish photos we've taken on a website, but most of the pictures contain subjects that did not know they were being photographed and have not given us permission to publish these pictures. They were all taken in public places (parks, parties, high schools, etc.), so we're not really invading anyone's privacy, are we? I just want to make sure we can legally post these pictures without getting sued by someone later on.
P.S. There are two states selected from the menu because I am in one state and my friend is in the other.
1 Answer from Attorneys
Re: Publishing photos without subject's permission
If the subjects cannot be recognized from the photos, and merely appear in a larger group, you have no liability for publishing them. If, however, the subjects can be clearly recognized, you may be guilty of an invasion of privacy in NM, and subject to an award of civil damages, particularly if you intend to generate revenue by your use of the pics.
While one generally has no expectation of privacy in public settings, one does have the expectation that another will not commercially exploit an image without permission and participation.
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