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New York · DMCA Takedown

New York DMCA Takedown Notice

New York creators can use federal DMCA notices (17 U.S.C. § 512) to remove infringing content from platforms. New York's Civil Rights Law §§ 50-52 prohibits use of any person's name, portrait, picture, or voice for commercial purposes without written consent. New York has also considered AI-specific deepfake legislation. Together, these provide multiple grounds for challenging unauthorized use of creative work and personal likeness online.

New York's right of privacy law (§ 50-52) has been applied to unauthorized use of creators' likenesses online, providing state-level remedies alongside federal DMCA takedowns.

Governing law

17 U.S.C. § 512 (DMCA) + N.Y. Civ. Rights Law § 50-52 (Right of Privacy) + 2023 AI deepfake bill

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Cites 17 U.S.C. § 512 (DMCA) + N.Y. Civ. Rights Law § 50-52 (Right of Privacy) + 2023 AI deepfake bill. Formatted for USPS Certified Mail. Instant PDF.

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New York DMCA Takedown FAQs

Does New York law protect me against unauthorized use of my image online?

Yes. N.Y. Civ. Rights Law § 50 makes it a misdemeanor to use someone's name, portrait, picture, or voice for advertising or trade purposes without consent. § 51 provides a private right of action for damages and injunctive relief. This applies to AI-generated images using your likeness for commercial purposes.

When does the DMCA apply versus New York's right of privacy law?

DMCA applies to copyright infringement, copying or distributing your original creative work. NY Civil Rights Law § 50 applies to unauthorized commercial use of your personal likeness. These are separate claims. A platform hosting an AI-generated ad using your face may be subject to both a DMCA notice (if it incorporates your copyrighted content) and a § 50 demand (for the unauthorized likeness use).

What platforms have registered DMCA agents in New York?

DMCA agents are registered with the US Copyright Office at copyright.gov/dmca-directory, the registry is nationwide, not state-specific. All major platforms (Meta, Google, TikTok, Twitter/X, LinkedIn, Pinterest) have registered DMCA agents.

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