Legal Question in Civil Rights Law in New York
magazine photographer taking photos of individual
Is it legal for a magazine photographer to take a photo of an individual walking on the street and then inserting that photo in a magazine without asking permission of that person? The person's friend accidentally saw it in the magazine and informed her. Can she sue the magazine? The photo related to different hairstyles of people in New York City and her photo showed one of the many hairstyles. In the article her photo was not referred to at all, just a general statement was made about these being many hairstyles that can be observed.
3 Answers from Attorneys
Re: magazine photographer taking photos of individual
In order to establish liability under New York Civil Rights Law, you must demonstrate each of four elements: (i) usage of your name, portrait, picture, or voice, (ii) within the state of New York, (iii) for purposes of advertising or trade, (iv) without your written consent. Feel free to call and discuss further.
Re: magazine photographer taking photos of individual
Based upon the facts you provide a successful lawsuit against the magazine is not likely.
Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.
Re: magazine photographer taking photos of individual
Generally not, if the story was about a matter of public interest and not an advertisement or
in support of a position or product.
NY Civil Rights Law 55 et al. provides a cause of action where a photo or a person's name is used without permission in support of commercial
advertising.
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