Commercial Division Blog
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."