Legal Question in Civil Rights Law in New York

can i sue for monetary damages if...

There is a website that takes pictures of people out at a bar, in the state of ny, and post them on their website. the bar gives them permission to take photos. i was in boycut shorts and several pics were taken and posted on their website.i never gave them consent to do so.those pictures helped that website get popularity and was at an all time high for ''views''. they started ending up on like 5 other websites. 8months later after them refusing to take it off through several emails, i lawyered up and had most of them removed thanks to the direction of lawguru. now that lawyer tells me to repost the secenario and ask for civil rights info, he says i can sue for monetary damages. that website claims to be nonprofit but is affiliated with the bar they go into, so it technically advertises for it.the person that owns this website owns a lot of other websites and is pretty wealthy. my questions are Can I sue the website for posting pictures of me on the internet without my consent? Can I sue the bar for gaining in advertisement? How much can I sue them for? And what are my chances for winning the suit.


Asked on 1/06/07, 8:25 pm

2 Answers from Attorneys

Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: can i sue for monetary damages if...

Yes, the use of ones image without authorization, for a profit is actionable - meaning you can sue for such an action. The amount of damage to you would be calculated upon the amount of revenue the site produced, a calculation of such an amount would require investigation into the use of the site as well as the popularity of it and advertisement possibilities.

Usually, if there is big money behind the people putting up the photographs the amount sued for can be up into seven figures, however depending on the violation and the severity, you may be looking in the area of 5 figures or potentially less... severla factors exist, and things to consider, including but not limtied to which court to file in... as such a matter is potentially a federal case... all these contingencies effect the course which such a case would take.

Feel free to contact my office for further assistance. You can email me at the address below or call my office directly at 2127098303

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Answered on 1/06/07, 9:39 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: can i sue for monetary damages if...

Yes. Civil Rights Law sec 50 makes it a a violation to use a picture with out consent for advertising or promotion of a particular viewpoint.

Civil Rights Law S 51 provides:

Action for injunction and for damages. Any 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 first

obtained as above provided may maintain an equitable action in the

supreme court of this state against the person, firm or corporation so

using his name, portrait, picture or voice, to prevent and restrain the

use thereof; and may also sue and recover damages for any injuries

sustained by reason of such use and if the defendant shall have

knowingly used such person`s name, portrait, picture or voice in such

manner as is forbidden or declared to be unlawful by section fifty of

this article, the jury, in its discretion, may award exemplary damages....there are some exceptions but they do not seem to apply to your fact pattern. You can potentially receive punitive damages, depending on exactly what took place.

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Answered on 1/07/07, 12:14 am


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