N.Y. CVR. LAW § 51 : NY Code - Section 51: Action for injunction and for damages

Search N.Y. CVR. LAW § 51 : NY Code - Section 51: Action for injunction and for damages

Any person whose name,
  portrait, picture or voice 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, picture or voice, 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, picture or voice 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,  picture  or
  voice  in whatever medium to any user of such name, portrait, picture or
  voice, 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, picture or voice 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, picture or voice used in connection therewith;  or  from
  using  the  name,  portrait, picture or voice 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, picture or
  voice used in connection therewith.  Nothing contained in  this  section
  shall  be construed to prohibit the copyright owner of a sound recording
  from disposing of, dealing in, licensing or selling that sound recording
  to any party, if the right to dispose of, deal in, license or sell  such
  sound recording has been conferred by contract or other written document
  by  such living person or the holder of such right. Nothing contained in
  the foregoing sentence shall be deemed to abrogate  or  otherwise  limit
  any rights or remedies otherwise conferred by federal law or state law.