What’s more, anyone taking a photograph is forbidden to use it for any commercial purposes, without the right permission from the company. The City Bar encourages visitors to take casual photographs and videos of their visit for their own personal use, including posting on social media. In addition to obtaining consent, it is important to be aware of any privacy laws that may impact your photography. This may include restrictions on photographing individuals in certain situations or using images of individuals for commercial purposes without their consent.
By understanding these privacy laws and being mindful of how you capture and use images of individuals, you can avoid potential legal issues and respect the rights of those you photograph. The inclusion in the New York law of a section dealing with the unauthorized use of a deceased performer’s digital replica was very important to SAG-AFTRA. The new New York law directly addresses the issue of digital replicas, but only of those who are in the category of “deceased performers ; accordingly, digital replicas of live performers are not included in the law’s protections. As a result of some skillful negotiating by the parties in interest, the assistance of committed legislators, and reasonable compromises on both sides, the new New York right of publicity bill should actually mitigate these concerns and prove to be a positive addition to New York’s laws.
The new law should also not stand in the way of productions and other content based on or inspired by stories about real people, both living and deceased, continuing to be produced and distributed in New York. It applies to deceased individuals who die on or after the effective date of the law and who are domiciled in New York State at the time of death. The inclusion of that expressive works language in the New York legislation now becoming law is a key factor in achieving an appropriate balance of the interests of both sides. On the same day that the bill was signed by Governor Cuomo, SAG-AFTRA issued a press release applauding New York for enacting the “milestone bill.
Under § 51, an equitable action may be maintained against the person, firm or corporation using such person’s name, portrait, picture or voice within the State of New York. The inclusion of language in the New York right of publicity bill that carves out expressive works is a key strategy and accomplishment of the MPA. Whether you’re a full-time photographer, an artist who uses photography in their work, or someone using photography in a commercial context, understanding the legal landscape is crucial to protecting your work and navigating potential pitfalls. Rosenberg is partner in the intellectual property group and co-chair of Tarter Krinsky & Drogin’s reputation management practice in New York.
Some jurisdictions may have specific rules for photography in public areas or require permits for commercial photography. These statements are at the heart of what makes the new New York right of publicity law acceptable to almost all parties. Significantly, the new legislation leaves intact New York Civil Rights Law §§ 50 and 51, New York’s longstanding “Right of Privacy law. SAG-AFTRA’s decades-long efforts to enact a postmortem right of publicity bill in New York were not in isolation.