Photography laws in New York

10 April 2025 at 22:58

This guide explains how you can take photos of people, businesses and buildings in New York.

Photography laws in New York: photography can capture important moments, but when photographing people, there are laws to follow. In New York, privacy laws and ethical guidelines dictate when you can take and share photos.

Photography laws in New York

This article covers the key rules for taking photos, when permission is required, and the consequences of not following the law.

Taking photos of people

You can’t take photos of people if…

It violates their privacy
For example, you are not allowed to photograph people in private settings where they have a reasonable expectation of privacy. This includes: inside their home, bathrooms or changing rooms, saunas or similar private areas.
It shows their helplessness
For example, it is illegal to take photos of individuals without their consent if they are in a vulnerable condition, such as: victims of an accident, drunk or incapacitated individuals, nude or partially nude individuals. This rule also applies to celebrities.

To take a photo of someone, you usually need their permission. There are exceptions. You don’t need permission for…

Family Photos
You don’t need permission to take photos or videos of members of your own household — for example: vacation photos of your family, home videos. Note: You may need permission before sharing these images on social media.
Film Photography
If you take analog (film) photos of people and don’t scan or share them, no permission is required.
Unidentifiable Photos
If someone can’t be recognized in the photo, you don’t need their permission. But be careful — people may still be identified by: tattoos, clothing, location or context, metadata (EXIF data).
Photos of Public Events
Taking pictures of parades, sports events, and demonstrations is allowed without permission. However: You can’t focus on and photograph specific individuals in the crowd without their consent.

You don't need permission to take photos of people if they can't be recognised. Photo: 123nyc.org / Raman Shaunia

Sharing photos of people

You can’t share photos of people if…

You don’t have their permission
You need permission to share someone’s photo on a website, social media, by email, in a group chat, in a newspaper, or in any other form of publication.

You don’t need permission if…

The person can’t be recognised
If the person in the photo is not identifiable — for example, their face is hidden or blurred — you don’t need permission.
They are part of a background or location
If the people in the photo are not the main subject and only appear as part of a landscape, crowd, or special location, permission is not required.
The person is a public figure
You don’t need permission to share images of politicians, movie stars, or other public personalities, as long as the image relates to their public life.
The person has been deceased for more than 10 years
After this time, photo sharing is generally allowed without family consent.
They are in a public gathering
If the photo was taken at a parade, protest, or similar public event, and the individuals are not the focus, you can share the image.

You don't need permission to share photos of landscapes that have people in them. Photo: 123nyc.org / Raman Shaunia

You don't need permission to share photos of public gatherings. Photo: 123nyc.org / Raman Shaunia

You need permission to share portraits of people, even in public gatherings. Photo: 123nyc.org / Raman Shaunia

You can’t share a photo of someone without their consent if…

It goes against the person’s legitimate interests
For example, you can’t use a photo of someone — even a public figure — to promote an unrelated product without their permission. You can use a photo of a celebrity in a news article or biography. You can’t use a photo of Barack Obama to advertise vacuum cleaners.
It harms their reputation
Sharing humiliating or embarrassing photos — even if they are real — is not allowed if it seriously damages the person’s dignity or image.
It violates their right to privacy
Everyone has a right to privacy — even celebrities. Don’t share private or intimate images without permission.

Sharing photos of buildings and vehicles

In public spaces, panorama rights apply. You can take, share, or sell photos of buildings and vehicles without permission if they are clearly visible from the street. For example, you can sell posters of a vintage car parked on a public road. You don’t need the owner’s permission, but it’s still polite to ask.

You don't need permission to take, share or sell photos of buildings taken from the street. Photo: 123nyc.org / Raman Shaunia

You don't need permission to take, share or sell photos of cars and businesses taken from the street. Photo: 123nyc.org / Raman Shaunia

In private spaces, you need permission. You must get the owner’s consent to take photos inside a business, a private home, or a museum. For example, some museums and nightclubs have a strict no-photo policy. Always check the rules or ask before taking pictures indoors.

You need permission to share photos of private spaces like businesses and museums. Photo: 123nyc.org / Raman Shaunia

How to get permission

Just ask before you take the photo. Even when it’s not legally required, it’s more respectful to ask.

You don’t always need written consent.

Permission can be implied:

You paid someone for the photo
If you hire or pay someone to be photographed, you have permission to take and use the photo.
The person poses willingly
If someone is smiling or clearly posing for the camera, you have permission to take the photo — but you still need permission to share it.

Permission is not implied if…

You want to use the photo for something else
Consent may only cover one specific use, time, or project.
You use someone’s profile picture
Just because a photo is public doesn’t mean you have the right to reuse it.
The person died less than 10 years ago
In this case, you need permission from their relatives. After 10 years, permission is no longer required.

If you don’t follow the rules

The penalty can be a fine or up to 2 years in prison. Jail time is rare, but fines and lawsuits are common.

The person in the photo can sue you for damages. You may also have to cover their legal fees.

If the photo was taken by accident, you can delete it without punishment. For example, if your drone catches someone undressed in their backyard.

Questions and answers

Can I just blur people’s faces?

Not always. You must make sure the person can’t be identified.
Sometimes, blurring is not enough — tattoos, clothing, or context can still reveal their identity.