@tsarstepan,
Section 51 of the New York Civil Rights Law:
Section 51. Action for injunction and for damages.
Any person whose name, portrait or picture is used within this state
for advertising purposes or for the purposes of trade without
the written consent first obtained as above provided may maintain
an equitable action in the supreme court of this state against
the person, firm or corporation so using his name, portrait or picture,
to prevent and restrain the use thereof; and may also sue and
recover damages for any injuries sustained by reason of such use and
if the defendant shall have knowingly used such person`s name,
portrait or picture in such manner as is forbidden or declared to be
unlawful by section fifty of this article, the jury, in its discretion,
may award exemplary damages.
But nothing contained
in this article shall be so construed as to prevent any person, firm or
corporation from selling or otherwise transferring any material
containing such name, portrait or picture in whatever medium to any user
of such name, portrait or picture, or to any third party for sale or
transfer directly or indirectly to such a user, for use in a manner
lawful under this article; nothing contained in this article shall be so
construed as to prevent any person, firm or corporation, practicing the
profession of photography, from exhibiting in or about his or its
establishment specimens of the work of such establishment, unless the
same is continued by such person, firm or corporation after written
notice objecting thereto has been given by the person portrayed; and
nothing contained in this article shall be so construed as to prevent
any person, firm or corporation from using the name, portrait or picture
of any manufacturer or dealer in connection with the goods, wares and
merchandise manufactured, produced or dealt in by him which he has sold
or disposed of with such name, portrait or picture used in connection
therewith; or from using the name, portrait or picture of any author,
composer or artist in connection with his literary, musical or artistic
productions which he has sold or disposed of with such name, portrait or
picture used in connection therewith.
