Under section 50 of the Civil Rights Law, the use of a living person's picture for advertising purposes without first obtaining that person's written consent constitutes a misdemeanor. Section 51 permits an individual to maintain an equitable action to restrain such use and allows a jury to award exemplary as well as actual damages. The statute admits of no exceptions, nor have the courts imputed any in "special" circumstances, such as within the employer-employee relationship...
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