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Am I required to get a signed consent form before taking a picture of a person, in New York State?

Brooklyn, NY |

I am a staff photogropher in a hospital in New York City, I take pictures at various hospital functions and events, which are later used in promotional materials or MOSTLY put on display. Am I required to get a consent form signed by people who attend these hospital functions, and health fairs, before taking their photo?

Attorney Answers 1


People have no legal expectation of privacy when they are in public or a place visible from the public space without the aid of telescopic equipment. Therefore, in these areas, their photo can be taken without their consent. However, you can not make money off someone's likeness without their consent. Since they are being used for promotional purposes, you may want to have those particular people execute consents out of an abundance of caution. The hospital should have a staff attorney and that person would be able to better advise since he/she would know better how these will be used presumably.

We do not have an attorney-client relationship. I am not your lawyer. The statements I have made do not constitute legal advice. Any statements I have made are based upon the very limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in California.

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