Law / United States / 
New York
Right of privacy, use of a living person's name, portrait, picture, likeness, or voice for advertising or trade
In force.
An AI prohibited practices rule binding public and private bodies.
- Criminal exposure
- Yes
- Private right of action
- Yes
- Criminal exposure note
- Section 50 makes a use without the required written consent a misdemeanor.
- Obligation class
- Consent, Prohibition
As of .
What it requires
- Do not use a living person's name, portrait, picture, likeness, or voice for advertising purposes or for the purposes of trade without first obtaining that person's written consent, or a minor's parent's or guardian's written consent (section 50).
- Obtain the written consent before the use begins: section 51 refers to consent "first obtained" in writing, and the protection is for a living person.
- Treat a use of the name, portrait, picture, likeness, or voice within New York as open to the civil action in section 51, which lets the person restrain the use and recover damages.
- Rely on the exceptions only where they fit: section 51 permits a sound recording's copyright owner to deal in the recording where the right was conferred in writing by the living person or the right holder, and permits use of an author's, composer's, or artist's name, portrait, picture, likeness, or voice with the productions they have sold or disposed of.
What this law does
Section 50 makes it a misdemeanor for a person, firm or corporation to use for advertising purposes, or for the purposes of trade, the name, portrait, picture, likeness, or voice of any living person without first obtaining the written consent of that person, or of a minor's parent or guardian.
Section 51 lets a person whose name, portrait, picture, likeness or voice is used within the state for advertising purposes or for the purposes of trade without that written consent maintain an equitable action in the supreme court to prevent and restrain the use, and sue to recover damages for any injuries sustained. If the defendant knowingly used the name, portrait, picture, likeness or voice in a manner forbidden by section 50, the jury may in its discretion award exemplary damages.
Section 51 does not prohibit the copyright owner of a sound recording from dealing in, licensing or selling that recording where the right to do so was conferred by contract or other written document by the living person or the holder of the right.
Section 51 also permits using the name, portrait, picture, likeness or voice of an author, composer or artist in connection with the literary, musical or artistic productions they have sold or disposed of with that name, portrait, picture, likeness or voice used in connection therewith.
When LexLint raises it
When your app profile says your app generates content with AI or processes voice recordings.