New York
How Burns v. Associated Press applies in New York: state-specific rules, key cases, and bar exam notes for Remedies.
In New York, remedies for wrongful appropriation of name or likeness are grounded in statutes and common law principles protecting individuals from unauthorized commercial exploitation. The case reinforces the right to privacy and publicity under state law, particularly when an individual's likeness is used for commercial gain without consent.
New York Civil Rights Law Sections 50 and 51 governs the unauthorized use of an individual's name, portrait, or photograph for trade or advertising purposes, allowing for both statutory damages and injunctive relief.
The Court held that a commercial parody of a celebrity's likeness without consent constituted a violation of the right of publicity.
The court ruled that titles of artistic works that contain the name of a person do not violate the right of publicity when they are artistically relevant and not misleading.
The Court emphasized an individual’s right to control the use of their image, holding that promotional ads featuring a person's likeness without permission constituted a violation of the law.
New York's approach is more protective of individual rights concerning privacy and publicity than federal law, which often balances free expression against the right of publicity on a case-by-case basis. While federal law lacks uniform statutory protections for the right of publicity, New York provides distinct remedies and guidelines under specific statutes.
Practitioners in New York should be familiar with the implications of Burns v. Associated Press for privacy law as this area is frequently tested on the New York bar exam, particularly the standards governing unauthorized appropriations.