Plastic Surgeon’s “Before & After” Photos Violate NY Publicity Rights–Manzione v. Mashkevich

Eric Goldman writes:

Dr. Grigoriy Mashkevich performed rhinoplasty on Catherine Manzione and took before-and-after photos of Manzione. Confusingly, Manzione apparently signed two seemingly inconsistent form consent agreements regarding the photos. One said:

I do not want my photos to be used. I understand that these photos will be placed in my confidential records only.

Another said that the photos were the doctor’s “property” and:

If, in the judgment of the Doctor, medical research, education or science will benefit from their use, such photographs and related information may be published and republished in professional journals or medical books, or used for such publication or use, including as presentation materials.

The photos were posted to Dr. Mashkevich’s website moderncontours.com. This lawsuit followed.

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