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Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts
Posted: September 17, 2015

Unjust Enrichment Claim Based on Use of Video Clip Preempted by Civil Rights Law §§ 50 and 51

On September 16, 2015, the Second Department issued a decision in Sondik v. Kimmel, 2015 NY Slip Op. 06803, affirming the dismissal of an unjust enrichment claim “to recover damages for the nonconsensual use of a video clip . . . in a segment of the Jimmy Kimmel Live television show,” because “[c]ommon-law unjust enrichment claims for the unauthorized use of an image or likeness are preempted by Civil Rights Law §§ 50 and 51.”

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