Can my boss post pictures of me on social media?

I never signed any photo consent form. I am 16 working a summer job. I hope to
complain to my boss, but I don’t know where in NY Labor Law does that prohibit
it. Is there a specific section I can refer to so I can print out and show my
boss?

Asked on July 22, 2017 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, your boss can post pictures of you on social media so long as he is not doing so to use you to advertise his business (i.e. for commericial or monetary gain); anyone can post pictures of anyone (so long as the pictures themselves are not illegal: e.g. not pornographic, not obtained by invading someone's privacy and filming them through a window, etc.) if it's not for commercial purposes. If it was for commercial purposes, it is not legal, since each person controls his or her own image or likeness for commercial or monetary reasons; no one can make money off you without your consent. (That's why you can't use a celebrity's picture to advertise something without the celebrity licensing you to do so.) Of course, if he won't voluntarily remove it, you'd have to sue him to force him to do so, which may cost you more than doing so is worth (since you are presumably a non-celebrity, your image--no offense--is worth very little; you'd therefore get very little money in a lawsuit to offset the cost of the lawsuit).


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