If we take photos on “private property open to the public”, such as hotels, malls, hospitals, are we permitted to publish the photos online if there are no recognizable faces/people in them?

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If we take photos on “private property open to the public”, such as hotels, malls, hospitals, are we permitted to publish the photos online if there are no recognizable faces/people in them?

We have permission to take the photos but have not requested permission to publish the photos, nor have we been told that we cannot publish them.

Asked on September 25, 2013 under Business Law, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

On private property, you have to be careful of the rights of others. While the owners may give you a right to film, you need to place everyone on notice and if there is a face that does appear, you need to get a film release.


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