What damages can I recover if my image is used without permission?

What the Law Says

New York protects individuals from unauthorized use of their name, portrait, or picture for advertising or trade purposes through Civil Rights Law § 50 and § 51. These statutes create a civil right of action — but only under narrow conditions.

Under New York law, it is illegal to use someone’s name, portrait, or picture 'for advertising purposes or for the purposes of trade' without their written consent. This is not a broad privacy or copyright law — it applies only when the use is commercial (e.g., in ads, product packaging, or promotional materials).

If violated, Civil Rights Law § 51 allows the injured person to sue for damages, including actual harm suffered (e.g., lost endorsement income), any profits the defendant made from the unauthorized use, and — critically — statutory damages of up to $1,000. However, statutory damages are only available if the plaintiff proves the defendant acted 'willfully' and without written consent.

The law does not cover non-commercial uses — such as news reporting, commentary, or artistic expression — even if done without permission. Also, there is a strict one-year statute of limitations: lawsuits must be filed within one year of the unauthorized use.

Statutory Text

Any person whose name, portrait or picture is used within this state for advertising purposes or for the purposes of trade without the written consent first obtained… may maintain an equitable action… to prevent and restrain the use thereof; and may also sue and recover damages for any injuries sustained by reason of such use.

— N.Y. Civ. Rights Law § 51 — Right of privacy

Statutory Text

The civil remedy provided by sections fifty and fifty-one shall be exclusive of any other civil remedy…

— N.Y. Civ. Rights Law § 52 — Exclusivity of remedy

What to Do

Sources