Can I Sue Someone for Posting My Photo or Video Online in New York?
When a Post Crosses the Line and What You Can Do About It
You’re scrolling your phone when, bam. There it is. Your face. Your body. Your voice. Something you never expected to be shared online is suddenly public. Maybe it’s a picture from a night out, or a video someone took without your knowledge. You feel exposed. Embarrassed. Maybe even threatened. And it’s spreading fast.
It’s real. So is the panic. You want it gone yesterday. And you want to know: Can you actually sue someone for posting your image or video without permission in New York?
At Horn Wright, LLP, our intellectual property attorneys understand how violating it feels to have your image shared without consent. We’ve helped clients throughout New York figure out if they have a claim, what evidence they need, and what steps to take right away.
You Might Be Able to Sue. Here’s What That Depends On
There’s no one-size-fits-all answer. But in plain English? Yes, sometimes you can sue.
Whether you have a real legal case usually depends on four key things: permission, location, use, and harm.
Did you agree to the photo or video being shared? Was it taken in a private or public setting? How did the person use it? And did it cause you emotional or professional harm? These questions shape the strength of your case.
The First Big Question: Did You Give Consent?
Consent is usually the line between a legal and illegal post. Sometimes, it’s obvious. You might have signed a release form or texted a clear "yes." Other times, it’s blurry.
New York courts will look at how you behaved. Did you pose for a photo knowing it would be shared? Did you say something on video that signaled agreement? Even your body language can be interpreted as a form of consent.
But consent is not a blank check. If you gave permission for one thing and the person went further—maybe they posted it on a new platform, added a caption that changed the tone, or edited it in a misleading way—then that goes beyond the scope of what you allowed.
Where the Image or Video Was Taken Matters
The setting makes a big difference. There’s a world of legal difference between an image captured in Times Square and one taken inside your apartment without your knowledge.
Private spaces like bedrooms, bathrooms, locker rooms, or even personal offices carry a higher expectation of privacy. In New York, if someone records or photographs you in one of these spaces without permission, they could face serious legal consequences.
On the flip side, being in public reduces your expectation of privacy, but it doesn’t erase it. For example, someone using a zoom lens to film into your home window from a rooftop in Brooklyn may still be breaking the law. Secret recordings are especially sensitive. If someone used hidden devices or recorded conversations without your knowledge, even in semi-public places, that could strengthen your case.
What They Did With the Image Really Counts
How your image gets used is often more important than where it came from. A quick snapshot among friends is one thing. A viral Instagram reel or content sold through a Patreon subscription is something else entirely.
If your image or video was shared with a massive audience, used to make money, or edited to suggest you endorsed something, that changes the legal landscape. When someone profits from your likeness or ties your face to a product, brand, or political message without permission, it often triggers a right of publicity issue.
Even casual edits, like cropping or captioning, can turn a neutral photo into something offensive or misleading. That’s especially true if the new version distorts what really happened or portrays you in a false or embarrassing way.
The Legal Theories Behind These Cases in New York
There are several legal tools available to hold someone accountable in New York. Which one applies depends on how your image or video was used.
Misappropriation, also called violation of your right of publicity, is the most common. New York has strong laws that prevent people from using your name, image, or voice for commercial gain without your clear approval. If your likeness is tied to ads, business pages, or monetized posts, this is likely the first angle a lawyer will explore.
Invasion of privacy is another. If someone recorded you in a private place or shared intimate footage, that could support a privacy claim.
Defamation enters the picture if the post portrays you falsely in a way that harms your reputation. It’s not just about whether the information was true, but whether the meaning behind the post misleads others into believing something false.
You may also see harassment or stalking laws come into play. If someone posts repeatedly, includes threats, or leaks personal information (also known as doxxing), those actions may be illegal under both state and federal law.
Lastly, if the behavior is especially disturbing and caused you serious mental anguish, you might have a claim for intentional infliction of emotional distress. This is harder to prove, but it exists for truly extreme cases.
What You’ll Need to Prove in a New York Lawsuit
Lawsuits require evidence. You’ll need to show who posted the image, that you didn’t agree to it, and that it hurt you in some way. The more documentation you have, the stronger your claim becomes.
That includes:
- Screenshots with visible dates
- URLs and usernames of accounts that posted or shared the content
- Messages, emails, or admissions from the person responsible
You’ll also want to document any job loss, emotional trauma, or changes to your safety. If someone admitted to the post in texts or emails, save those too.
Memory alone won’t hold up well in court. Build a timeline. Keep records. If witnesses saw the post or knew you were filmed without knowing, their statements might help. Proof doesn’t need to be perfect, but it needs to be clear.
Situations That Tend to Weaken a Case
Some situations look bad but don’t meet the legal standard. For instance, if you’re caught in the background of a live-streamed protest near Union Square, you likely don’t have much of a claim.
If the content ties into a newsworthy event, involves a public figure, or presents truthful information about something visible in public, it might be protected. Courts weigh these factors heavily, especially when freedom of speech is involved.
And sometimes, what feels morally wrong doesn’t cross the legal line. Posts that are mean-spirited or petty, but true and not misleading, often aren’t enough for a successful claim.
Steps to Take Right Now If You’re Affected
If you’re facing this situation, act fast. Begin by collecting evidence. Screenshots with time stamps are essential. Record how the content appears across platforms. Save usernames, links, and reactions, comments, shares, and engagement can all show the post's reach.
Take steps like these right away:
- Use platform tools to report the content and request takedowns
- Record a screen video in case the post gets deleted
- Avoid direct retaliation or threats, which can become legal liabilities
- Consider a cease-and-desist letter if the facts support it
The more organized you are, the easier it is for a lawyer to help you.
Horn Wright, LLP, is Here to Help
In New York, whether you can sue over a posted photo or video depends on four things: permission, location, use, and harm. If someone crossed the line with your image, the law may be on your side.
At Horn Wright, LLP, we help people across New York take swift action when their rights are violated. If your photo or video was posted without your okay, get in touch. We’ll assess your case quickly, help you protect evidence, and push for fast resolution.