US-New YorkCan someone use my name or likeness for commercial purposes without consent?
No, in New York, someone cannot use your name or likeness for advertising or trade purposes without your written consent.
What the Law Says
New York protects individuals from unauthorized commercial use of their name, portrait, picture, or voice through its Civil Rights Law. This is one of the few states that relies on statutory — not common law — privacy rights for such claims.
Under New York Civil Rights Law § 50, it is a misdemeanor to use a person’s name, portrait, picture, or voice 'for advertising purposes or for the purposes of trade' without their prior written consent.
The law applies to everyone — including public figures, celebrities, and private individuals — and covers uses in advertisements, packaging, websites, social media promotions, and other commercial contexts.
Consent must be in writing and signed by the person (or their authorized representative). Oral permission is not sufficient under the statute.
Violations are punishable as a misdemeanor, and injured parties may sue for damages — including statutory damages of at least $750 — plus injunctive relief and attorney’s fees.
Statutory TextA person, firm or corporation that uses for advertising purposes or for the purposes of trade, the name, portrait or picture of any living person without having first obtained the written consent of such person… is guilty of a misdemeanor.
— N.Y. Civ. Rights Law § 50 — Right of privacy
Statutory TextAny 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… may maintain an equitable action… to prevent and restrain the use thereof.
— N.Y. Civ. Rights Law § 51 — Action for injunction and damages
What Courts Have Said
New York courts have consistently enforced the strict requirements of Civil Rights Law §§ 50 and 51, emphasizing the necessity of written consent and rejecting broad First Amendment defenses in purely commercial contexts.
Held that § 51 creates a statutory right of privacy distinct from common law; no implied consent exists, and the statute applies even when the use is newsworthy if it serves an underlying commercial purpose.
One of the earliest rulings affirming that unauthorized commercial use of a person’s image violates privacy rights — laying groundwork for § 50/51.
What to Do
Document the unauthorized use (take screenshots, save URLs, collect ads or product labels).
Send a cease-and-desist letter demanding immediate removal and written assurance of no further use.
If the use continues or causes harm, file a lawsuit under N.Y. Civ. Rights Law § 51 within 1 year of discovery.
Seek injunctive relief to stop the use, plus damages (minimum $750) and attorney’s fees.
Consult an attorney — especially if the use involves digital platforms, influencers, or AI-generated likenesses (emerging gray area under current law).
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.