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In an article published 8/1 in the Legal Intelligencer, Segal McCambridge Shareholder Carla Varriale-Barker and Associate Marie-Victoire Wickers discuss the legal implications of a person’s image being used without their consent—even if the person pictured is captured in the same frame as a famous person at a public event. The plaintiff in question attended an event for Kim Kardashian’s DASH Boutique in New York, and an assistant published the image to social media. The plaintiff sued Kardashian, claiming damages from the publication of the photo.
“The plaintiff’s claims against the defendants were unraveled by the application of New York’s Civil Rights Law §§ 50 and 51 because they require that the image be used for advertising purposes,” write Wickers and Varriale-Barker. “Here, that was not the case, as the plaintiff was a mere bystander in a social media post.”
Accordingly, the court ultimately ruled in Kardashian’s favor since the photo posted to social media was not specifically intended for commercial purposes. Therefore, the plaintiff was not entitled to damages and the laws of New York did not provide protections.
“The ruling illustrates that not all uses of a person’s image on social media will be considered commercial exploitation,” Varriale-Barker and Wickers. “It also shows how plaintiffs must carefully consider jurisdictional issues when bringing similar claims, particularly against high-profile individuals or entities based outside the state.”
Read the story in full; click here (subscriber-based).
