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Law of Plaintiff’s Residence Applied to Action Alleging Injury from Use of Plaintiff’s Image and Voice (Video Clip) on a Television Show

The Second Department determined New York law, not California law, applied to plaintiff’s complaint alleging injury stemming from the use of a video clip, in which plaintiff appeared, on a television show. The plaintiff resided in New York, and the video clip was edited in California. The complaint alleged violation of California law. The Second Department explained why New York law applied and further determined that the video clip did not violate New York’s Civil Rights Law (sections 50 and 51) because the clip was not used for advertising:

New York uses an interest analysis, under which “the law of the jurisdiction having the greatest interest in resolving the particular issue” is given controlling effect … . Pursuant to the interest analysis, “[a] distinction [is made] between laws that regulate primary conduct (such as standards of care) and those that allocate losses after the tort occurs” … . If the conflicting laws regulate conduct, the law of the place of the tort “almost invariably obtains” because “that jurisdiction has the greatest interest in regulating behavior within its borders” … . “[W]here the plaintiff and defendant are domiciled in different states, the applicable law in an action where civil remedies are sought for tortious conduct is that of the situs of the injury” … .

Applying these principles, the law of New York, where the alleged injury or damage occurred, applies. Although the alleged tortious conduct, the editing of the video clip, occurred in California, the plaintiff’s alleged injury occurred in New York, where he is domiciled and resides. Moreover, New York is the state with the greater interest in protecting the plaintiff, its citizen and resident. Sondik v Kimmel, 2015 NY Slip Op 06803, 2nd Dept 9-16-15

 

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