A8611 — Clarifies the right of publicity

Summary

Clarifies the right of publicity including the definitions of who and what qualifies as a digital replica; provides guidance as to digital replicas that do not violate an individual or deceased individual's right to publicity; expands the statute of limitations for an action brought for violating an individual's right to publicity.

Bill Text

• Full text View text Current

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill amends 1 section(s) of the New York Consolidated Laws: Section 50-f of the civil rights law.

• Section 50-f of the civil rights law

  "deceased performer" means a deceased natural person domiciled in this state at the time of death who, for gain or livelihood, was regu- larly engaged in acting, singing, dancing, or playing a musical instru- ment. b. whose name, voice, signature, photo- graph, or likeness has commercial value at the time of his or her death, or because of his or her death, whether or not during the lifetime of that natural person the person used his or her name, voice, signature, photograph, or likeness on or in products, merchandise, or goods, or for purposes of advertising or selling, or solicitation of purchase of, products, merchandise, goods, or services c. newly created, original, electronic performance by an individual in a separate and newly created, original expressive sound recording or audiovisual work in which the did not actually perform, so realistic that a reasonable observer would believe it is by the individual being portrayed and no other individual computer generated other an expressive consisting of an individual's original or recorded performance, nor the making or duplication of another recording that consists entirely of the independent fixation of other sounds, even if such sounds imitate or simulate the voice of the individual d. four Any person who uses a deceased performer's digital replica in a scripted audiovisual work as a fictional character or for the live performance of a musical work shall be liable for any damages sustained by the person or persons injured as a result thereof if the use occurs without prior consent from the person or persons in subdivision four of this section, if the use is likely to deceive the public into thinking it was authorized by the person or persons specified in subdivision four of this section. A use shall not be considered likely to deceive the public into thinking it was authorized by the person or persons speci- fied in subdivision four of this section if the person making such use provides a conspicuous disclaimer in the credits of the scripted audi- ovisual work, and in any related advertisement in which the digital replica appears, stating that the use of the digital replica has not been authorized by the person or persons specified in subdivision four of this section. c. his or her d. it shall not be a violation of paragraph b of this subdivision if the work is of parody, satire, commentary, or criticism; works of poli- tical or newsworthy value, or similar works, such as documentaries, docudramas, or historical or biographical works, regardless of the degree of fictionalization; a representation of a deceased performer as himself or herself, regardless of the degree of fictionalization, except in a live performance of a musical work; de minimis or incidental; or an advertisement or commercial announcement for any of the foregoing works. iii. it shall not be a violation of this section if the use of a name, voice, signature, photograph, or likeness occurs in connection with any news, public affairs, or sports program or account, regardless of format, medium or means of transmission, or any political campaign. iv. it shall not be a violation of this section if the use is of a name, voice, signature, photograph, or likeness in a commercial medium solely because the material containing the use is commercially sponsored or contains paid advertising or product placement, or includes within it a use in connection with a product, article of merchandise, good, or service. Rather, it shall be a question of fact whether or not the use of the deceased personality's name, voice, signature, photograph, or likeness was so directly connected with the commercial sponsorship or with the paid advertising or product placement as to constitute a use for which consent is required under this subdivision. v. e. In d d four his or her his or her his or her 4. three five 5. three and 6. his or her five 7. 8. forty 9. 10. 11. 12. 13. , and on or after → b. highly realistic electronic representation that is italics readily identifiable as the voice or visual likeness of an embodied in sound recording, image, audiovisual work, or transmission in which the actual individual either did not actually perform or appear, or the actual individual did perform or appear, but the fundamental character of the or appearance has been materially altered use of a sample of one sound recording or audiovisual work into another, remixing, mastering, a authorized by the copyright holder c. d. "audiovisual work" means a work that consists of a series of related images that are intrinsically intended to be shown by the use of machines or devices, including projectors, viewers, or electronic equip- ment, together with accompanying sounds, if any, regardless of the nature of the material objects, including films or tapes, in which the works are embodied. five their c. iii. in c c five a. A person who produces, distributes, or makes available the digital replica of a deceased personality's voice or likeness in an expressive audiovisual work or sound recording without prior consent from a person specified below shall be liable to any injured party in an amount equal to the greater of ten thousand dollars or the actual damages suffered by a person controlling the rights to the deceased personality's likeness. b. For purposes of this section, it shall not be a violation of para- graph a of this subdivision if: i. the applicable digital replica is produced or used in a bona fide news, public affairs, or sports broadcast or account, provided that the digital replica is the subject of, or is materially relevant to, the subject of such broadcast or account; ii. the applicable digital replica is produced or used consistent with the public interest in bona fide commentary, criticism scholarship, satire, or parody; iii. the applicable digital replica is a representation of the appli- cable individual as the individual in a documentary or in a historical or biographical manner, including some degree of fictionalization, unless: A. the production or use is intended to create, and does create, the false impression that the work is an authentic recording in which the individual participated; B. the digital replica is embodied in a musical sound recording that is synchronized to accompany a motion picture or other audiovisual work except to the extent that the use of digital replicas is protected by the First Amendment to the Constitution of the United States; iv. the use is fleeting or incidental; v. the use is in an advertisement or commercial announcement for a work described in subparagraphs i to iii of this paragraph, inclusive. 4. their their their 5. four six 6. and five 7. their six 8. 9. seventy 10. 11. 12. 13. 14. ; provided that the provisions of section 50-f of the civil rights law as added by section one of this act to any prior to and after

  amended

Action History

1. January 07, 2026

   REFERRED TO JUDICIARY

2. May 22, 2025

   REFERRED TO JUDICIARY

Sponsors

• Tony Simone · Primary

Subjects