---
title: NY Case Addresses Publicity Rights for People in the Background of Social Meda Photos
date: 2024-06-05T09:00:00-04:00
author: "mhenry@kelleydrye.com"
canonical_url: "https://www.kelleydrye.com/viewpoints/podcasts/ad-law-access/ny-case-addresses-publicity-rights-for-people-in-the-background-of-social-meda-photos"
section: Podcast Episodes
---
# NY Case Addresses Publicity Rights for People in the Background of Social Meda Photos

  June 5, 2024 | 4 min

 

 

 

 

 

 

 [Kelley Drye Ad Law Access Podcast](https://soundcloud.com/adlawaccess "Kelley Drye Ad Law Access Podcast") · [NY Case Addresses Publicity Rights for People in the Background of Social Meda Photos](https://soundcloud.com/adlawaccess/ny-case-addresses-publicity "NY Case Addresses Publicity Rights for People in the Background of Social Meda Photos")

 [Apple](https://podcasts.apple.com/us/podcast/ny-case-addresses-publicity-rights-for-people-in-the/id1457734764?i=1000657944427) [SoundCloud](https://soundcloud.com/adlawaccess/ny-case-addresses-publicity?si=d480a84cc1264f46b42ae23ee895dda9&utm_source=clipboard&utm_medium=text&utm_campaign=social_sharing) [Spotify](https://open.spotify.com/episode/1F3m1H3yfp6NPpPSg24UJG?si=G1OxbnXfRBaZ7LV7jmAT1g) 

 

This month, we posted about a lawsuit that an NBA Hall of Fame player filed against a company that allegedly used his image to sell products without his permission. Regardless of how that case turns out, it’s pretty clear you shouldn’t use a celebrity’s image in an ad without written consent. But what about cases that are less clear, such as a person in the background of a photo that your company posts on its social media account? A recent NY appeals court decision touches on this issue.

[www.kelleydrye.com/viewpoints/blog…al-media-photos](https://gate.sc/?url=https%3A%2F%2Fwww.kelleydrye.com%2Fviewpoints%2Fblogs%2Fad-law-access%2Fny-case-addresses-publicity-rights-for-people-in-the-background-of-social-media-photos&token=1bff96-1-1717603258864 "https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/ny-case-addresses-publicity-rights-for-people-in-the-background-of-social-media-photos")

 

 

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