Declaring that a critical issue remains unsettled regarding the New York law that bars the use of a person’s image without permission, a Manhattan federal appeals court has turned to the state’s highest court for guidance.

In an unsigned order issued late Wednesday, a three-judge panel of the U.S. Court of Appeals for the Second Circuit asked New York’s Court of Appeals to determine whether one can recover under the privacy law when one’s image has been used in a fictionalized way to illustrate a newsworthy piece.

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