How New York approaches it
States handle the right of publicity differently. New York does not recognize a broad common-law version; instead, a statute addresses the commercial use of a living person's identity, such as a name or image, without written consent. Uses in news reporting, commentary, and many creative works are generally treated differently from advertising. New York has also added protection for certain deceased performers and personalities, including rules about digital replicas. Because the rules vary from state to state, where you live, where the use occurred, and where the business is based can all matter.
Building the record
Save copies of the ad, post, or page where your identity appears, with dates and links, and note where else it might be running. Gather anything about the relationship: model releases, employment agreements, influencer contracts, and messages about how images or recordings could be used, because a signed release may cover more than you remember. If an artificial voice or a digitally altered image was used, keep the original material that shows it is based on you. Review what you signed before contacting the business or asking for payment, since the paperwork often frames the dispute.
If you are the business
Companies run into right of publicity problems when they reuse customer photos, keep departed employees in marketing materials, repost influencer content beyond the agreed scope, or hire a lookalike or soundalike. A clear written release that covers the specific uses, channels, and duration usually prevents the dispute from arising. Federal law can also come into play when a use suggests a false endorsement. New York's statute looks specifically for written consent, so a verbal okay from a customer or employee is a weak foundation. A business working across several states often finds it simpler to use one release drafted for the strictest rule it faces. In a first conversation we look at what was used, what consent exists, and whether a removal request, a negotiated payment, or a claim in court is the fitting response.
