Answered By: Ken Fujiuchi
Last Updated: Nov 29, 2016     Views: 26

There is no common law right of privacy in New York, only a statutory right, which is narrowly construed.  NY Civil Rights Law § 50 prohibits use of the name, portrait or picture of a living person without consent, but only for advertising or trade purposes.  Even when images have been used without consent for profit, the “fleeting” use of images is not prohibited or compensable, and non-celebrities have little chance of recovering damages for “fleeting” image use for profit.  So, with respect to students who appear without consent in a classroom video (assuming the video is used for profits), I don’t think there should be much concern to obtain student consent.