N.Y. Civ. Rights Law § 51

§ 51. Action for injunction and for damages. Any person whose name,\nportrait, picture or voice is used within this state for advertising\npurposes or for the purposes of trade without the written consent first\nobtained as above provided may maintain an equitable action in the\nsupreme court of this state against the person, firm or corporation so\nusing his name, portrait, picture or voice, to prevent and restrain the\nuse thereof; and may also sue and recover damages for any injuries\nsustained by reason of such use and if the defendant shall have\nknowingly used such person's name, portrait, picture or voice in such\nmanner as is forbidden or declared to be unlawful by section fifty of\nthis article, the jury, in its discretion, may award exemplary damages.\nBut nothing contained in this article shall be so construed as to\nprevent any person, firm or corporation from selling or otherwise\ntransferring any material containing such name, portrait, picture or\nvoice in whatever medium to any user of such name, portrait, picture or\nvoice, or to any third party for sale or transfer directly or indirectly\nto such a user, for use in a manner lawful under this article; nothing\ncontained in this article shall be so construed as to prevent any\nperson, firm or corporation, practicing the profession of photography,\nfrom exhibiting in or about his or its establishment specimens of the\nwork of such establishment, unless the same is continued by such person,\nfirm or corporation after written notice objecting thereto has been\ngiven by the person portrayed; and nothing contained in this article\nshall be so construed as to prevent any person, firm or corporation from\nusing the name, portrait, picture or voice of any manufacturer or dealer\nin connection with the goods, wares and merchandise manufactured,\nproduced or dealt in by him which he has sold or disposed of with such\nname, portrait, picture or voice used in connection therewith; or from\nusing the name, portrait, picture or voice of any author, composer or\nartist in connection with his literary, musical or artistic productions\nwhich he has sold or disposed of with such name, portrait, picture or\nvoice used in connection therewith. Nothing contained in this section\nshall be construed to prohibit the copyright owner of a sound recording\nfrom disposing of, dealing in, licensing or selling that sound recording\nto any party, if the right to dispose of, deal in, license or sell such\nsound recording has been conferred by contract or other written document\nby such living person or the holder of such right. Nothing contained in\nthe foregoing sentence shall be deemed to abrogate or otherwise limit\nany rights or remedies otherwise conferred by federal law or state law.\n