Invasion of Privacy under the Civil Rights Law as a Cause of Action in New York

In New York, invasion of privacy is not recognized as a general common law right, but specific protections do exist under the New York Civil Rights Law, particularly Sections 50 and 51. These laws allow individuals to sue when their name, image, or voice is used without permission for advertising or commercial purposes. To successfully bring a claim under this statute, a plaintiff must meet all four elements, each of which is explained below.

Use of the Plaintiff’s Name, Portrait, Picture, or Voice

The first requirement is that the defendant must have used the plaintiff’s name, portrait, picture, or voice. This element is straightforward—if a person’s identity or likeness is featured in some form, such as in a photograph, video, sound recording, or even a stylized drawing that clearly refers to them, it may qualify. Importantly, the use must be recognizable as referring to the specific individual bringing the lawsuit.

This protection is meant to guard against the unauthorized commercial exploitation of someone’s identity. It does not apply to fictional representations unless the person can show that their actual image or identity was used.

The Use Occurred in New York State

Next, the unauthorized use must occur within the State of New York. That means the content must be published, broadcast, or distributed in New York, or otherwise made available to the New York public. If a company uses someone’s image on a national website, and New Yorkers can access it, that may be enough to meet this requirement.

This geographic limitation ensures that the Civil Rights Law applies only to invasions that affect people within the state’s jurisdiction.

The Use Was for Advertising or Trade Purposes

The third element limits claims to situations where the identity was used for commercial purposes. This includes advertisements, marketing materials, product endorsements, or any promotional use designed to sell goods or services. It does not apply to uses in news reporting, commentary, or art that do not have a commercial objective.

For example, using a person’s photo in a magazine ad to sell sneakers could meet this element. But using that same photo in a news story about sneaker trends likely would not.

The Use Was Without Written Consent

Finally, the plaintiff must show that their written consent was never given. Oral consent is not enough. The law requires a clear, signed agreement authorizing the use of the name, image, or voice. If such consent exists and was not revoked, the case will likely fail.

Even if the person agreed to appear in a promotional video, for instance, a lawsuit might still succeed if the video is later used in a way that goes beyond the scope of the original consent.

Conclusion

In New York, invasion of privacy under the Civil Rights Law is a specific legal remedy with clearly defined boundaries. To succeed, a plaintiff must show that their name, picture, voice, or likeness was used in New York, for advertising or trade, without written permission. This law offers strong protections against unauthorized commercial exploitation, but it does not apply to general media coverage, artistic works, or uses that take place outside the state. Both individuals and businesses should understand these limits to avoid misusing someone’s identity and to recognize when their own rights may have been violated.

Find the Law

“To establish liability for invasion [of] privacy pursuant to the New York Civil Rights Law, plaintiff must demonstrate each of four elements: (i) usage of plaintiffs name, portrait, picture, or voice, (ii) within the State of New York, (iii) for purposes of advertising or trade, (iv) without plaintiffs written consent (see Civil Rights Law § 51). (Molinav Phoenix Sound, Inc.,297 A.D.2d 595, 597 [1st Dept 2002]).” Oliver v. Trs. of Columbia Univ. in the N. Y., 2024 N.Y. Slip Op. 34446, 4 (N.Y. Sup. Ct. 2024)