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Thread: NY law on Photos...

  1. #1
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    Default NY law on Photos...

    51. Action for injunction and for damages. Any person whose name,
    portrait, picture or voice is used within this state for advertising
    purposes or for the purposes of trade without the written consent first
    obtained as above provided may maintain an equitable action in the
    supreme court of this state against the person, firm or corporation so
    using his name, portrait, picture or voice, to prevent and restrain the
    use thereof; and may also sue and recover damages for any injuries
    sustained by reason of such use and if the defendant shall have
    knowingly used such person's name, portrait, picture or voice in such
    manner as is forbidden or declared to be unlawful by section fifty of
    this article, the jury, in its discretion, may award exemplary damages.
    But nothing contained in this article shall be so construed as to
    prevent any person, firm or corporation from selling or otherwise
    transferring any material containing such name, portrait, picture or
    voice in whatever medium to any user of such name, portrait, picture or
    voice, or to any third party for sale or transfer directly or indirectly
    to such a user, for use in a manner lawful under this article; nothing
    contained in this article shall be so construed as to prevent any
    person, firm or corporation, practicing the profession of photography,
    from exhibiting in or about his or its establishment specimens of the
    work of such establishment, unless the same is continued by such person,
    firm or corporation after written notice objecting thereto has been
    given by the person portrayed; and nothing contained in this article
    shall be so construed as to prevent any person, firm or corporation from
    using the name, portrait, picture or voice of any manufacturer or dealer
    in connection with the goods, wares and merchandise manufactured,
    produced or dealt in by him which he has sold or disposed of with such
    name, portrait, picture or voice used in connection therewith; or from
    using the name, portrait, picture or voice of any author, composer or
    artist in connection with his literary, musical or artistic productions
    which he has sold or disposed of with such name, portrait, picture or
    voice used in connection therewith. Nothing contained in this section
    shall be construed to prohibit the copyright owner of a sound recording
    from disposing of, dealing in, licensing or selling that sound recording
    to any party, if the right to dispose of, deal in, license or sell such
    sound recording has been conferred by contract or other written document
    by such living person or the holder of such right. Nothing contained in
    the foregoing sentence shall be deemed to abrogate or otherwise limit
    any rights or remedies otherwise conferred by federal law or state law.

  2. #2
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    Default Re: NY law on Photos...

    This looks like one of the old "use of likeness without permission" laws...

  3. #3
    Senior Member stitch132's Avatar
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    Default Re: NY law on Photos...

    Quote Originally Posted by splm
    This looks like one of the old "use of likeness without permission" laws...
    Yep -- derived from the 19th century Brandeis and Warren article (commercial use of name, picture, likeness, etc.).
    Let there be peace on earth and let it begin with me.

    I learned a long time ago there's no sense getting all riled up every time a bunch of idiots give you a hard time. In the end, the universe tends to unfold as it should. Plus I have a really large penis. That keeps me happy.
    (Tarik, Harold & Kumar Go to White Castle)

  4. #4
    Jay Zeno
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    Default Re: NY law on Photos...

    Posted in Customer Conversation. Wasn't really pertinent to that section. Moved here because I guess it's trying to add to the discussion on unauthorized photographs. But I'm not sure.

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