Legal Question in Civil Rights Law in New York
wedding rights
I was married 4 years ago. We had a video company film our wedding. Recently, we noticed that we are on a commercial for a reception hall (not where we were married). Does this video company and reception hall (that we never spoke to) have a right to put us in an advertisement commercial without our consent. My video contract states that ''the video is the ownership of ---video co. until balance is paid in full''--which was paid on day of wedding. Have our rights been violated?
2 Answers from Attorneys
Re: wedding rights
According to the New York Civil Rights Law, Section 50:
A 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, or if a minor of his or her parent or guardian, is guilty of a misdemeanor.
Another statute provides that a person whose picture is being used can sue to enjoin (stop) the use and for damages.
So, to answer your questions, yes, your rights have been violated. If you wish to do something about it, or discuss this in more detail, feel free to contact me at (914) 949-6323.
Congratulations on your wedding!
Re: wedding rights
Unless you assigned the ownership of the footage to the video company, the images are yours and not eligible for use by others without permission, which can be based upon payment.
Contact a lawyer in your town and have him write to the video company and tell them to either (1) cease using your private images for commercial purposes, or (2) compensate you appropriately, depending upon what you choose.
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