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Someone used your photo or name without permission in New York: what can you do?

Updated By The editorial teamNot reviewed by an attorney — based on the official sources below

In short

New York protects your name, portrait, picture, likeness and voice from being used for advertising or trade without your written consent (Civil Rights Law § 50). If a business uses your photo in an ad, on a product or to promote itself without your written permission, you can sue in the Supreme Court to stop it and for damages — and for extra (exemplary) damages if they did it knowingly (§ 51). You have only one year to sue (CPLR § 215(3)). If you took the photo, copyright law may also protect it. Sharing intimate images without consent is treated much more seriously: it can be a crime, and you can sue and ask a court to order websites to remove them.

Read on for the details, the exceptions and the sources.

In plain words

Likeness
Anything that clearly identifies you as a person — your face, a drawing or digital image recognizable as you.
Advertising or trade purposes
Using you to sell something or to promote a business — in ads, on products, packaging or marketing.
Written consent
Your signed permission. Saying yes out loud isn't enough under § 50.
Exemplary damages
Extra money a jury can award to punish someone who knowingly broke the law.

The full answer

Civil Rights Law § 50 makes it a misdemeanor for a person, firm or corporation to use the name, portrait, picture, likeness or voice of a living person for advertising or for the purposes of trade without first getting that person's written consent — or a parent's or guardian's written consent for a minor.

Section 51 gives you a civil claim. Anyone whose name, picture, likeness or voice is used in New York this way without written consent can sue in the Supreme Court to stop the use and to recover damages for the injuries it caused. If the defendant knowingly used it unlawfully, the jury may also award exemplary damages. The lawsuit must be started within one year (CPLR § 215(3)).

What the law doesn't cover

Sections 50 and 51 are limited to uses 'for advertising purposes, or for the purposes of trade'. Whether a particular use — such as a news report, a personal social media post, or a work of art — falls within that phrase depends on the facts and is often disputed. The statute also protects living persons only, and § 51 lists some specific allowed uses, such as a photographer displaying samples of their work at their studio until the person portrayed objects in writing, and lawful resale of material by someone authorized to use it.

Exceptions and special cases

  • You took the photo: you may also hold the copyright. The copyright owner has the exclusive right to copy, distribute and publicly display the work (17 U.S.C. § 106). Most platforms have a copyright takedown process.
  • Intimate images: if someone shares, publishes or threatens to share a private intimate image of you to harass, annoy or alarm you, you can sue for an injunction, compensatory and punitive damages, and lawyer's fees, and ask a court to order websites to remove the image (Civil Rights Law § 52-b). You have until the later of 3 years after the dissemination or 1 year after you discover it.
  • Intentionally sharing such an image with intent to cause harm, when the sharer knew or reasonably should have known you didn't consent, is also a crime (Penal Law § 245.15) — including images created or altered by digitization.
  • Sexually explicit 'deepfakes': Civil Rights Law § 52-c gives a separate claim against someone who shares digitally created sexually explicit material depicting you without your consent.

What to do now

  1. Capture the evidence

    Take screenshots showing the image, where it appears, the date, and how it's used to advertise or sell.

  2. Ask for removal in writing

    Tell the business or person that you never gave written consent and ask them to remove it by a date. Keep a copy.

  3. Use the platform's tools

    Report the post. If you own the copyright, use the platform's copyright takedown form.

  4. Mind the deadline

    A Civil Rights Law § 51 lawsuit must be started within one year (CPLR § 215(3)).

  5. Get help

    For intimate images, contact the police and a lawyer quickly. For commercial misuse, a lawyer can assess damages and whether the use was 'for trade'.

Frequently asked questions

A store used my photo in its Instagram ad. Is that legal?

Not without your written consent. Using your picture for advertising without written consent violates Civil Rights Law § 50, and § 51 lets you sue to stop it and for damages, within one year (CPLR § 215(3)).

I verbally agreed to a photo. Can they use it in an ad?

Sections 50 and 51 require written consent for advertising or trade use. A verbal OK isn't written consent, though the facts matter, so get advice if the amount at stake is large.

Someone posted a private intimate photo of me. What can I do?

Report it to the police: it may be a crime under Penal Law § 245.15. You can also sue under Civil Rights Law § 52-b for damages and ask the court to order websites to remove it.

How long do I have to sue?

One year for a Civil Rights Law § 51 claim (CPLR § 215(3)). For intimate images under § 52-b, the later of 3 years after the dissemination or 1 year after you discovered it.

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Official sources

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This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.