New York A 8611: Clarifies the right of publicity

Bill Text

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A08611 Summary:

BILL NOA08611 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORSimone

&nbsp

COSPNSRCruz

&nbsp

MLTSPNSR

&nbsp

Amd 50-f, Civ Rts L; amd 3, Chap 304 of 2020

&nbsp

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.

Go to top A08611 Actions:

BILL NOA08611 

&nbsp

05/22/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA08611 Committee&nbspVotes:

Go to topA08611 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA08611 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8611

 2025-2026 Regular Sessions

 IN ASSEMBLY

 May 22, 2025
 ___________

 Introduced by M. of A. SIMONE, CRUZ -- read once and referred to the
 Committee on Judiciary

 AN ACT to amend the civil rights law, in relation to clarifying the
 right of publicity; and to amend chapter 304 of the laws of 2020
 amending the civil rights law relating to establishing the right of
 publicity and to providing a right of action for unlawful dissem-
 ination or publication of a sexually explicit depiction of an individ-
 ual, in relation thereto

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 50-f of the civil rights law, as added by chapter
 2 304 of the laws of 2020, subparagraph v of paragraph d of subdivision 2
 3 and subdivision 10 as added and subdivisions 11, 12 and 13 as renumbered
 4 by chapter 709 of the laws of 2022, is amended to read as follows:
 5 § 50-f. Right of publicity. 1. For purposes of this section:
 6 a. ["deceased performer" means a deceased natural person domiciled in
 7 this state at the time of death who, for gain or livelihood, was regu-
 8 larly engaged in acting, singing, dancing, or playing a musical instru-
 9 ment.
 10 b.] "deceased personality" means any deceased natural person domiciled
 11 in this state at the time of death [whose name, voice, signature, photo-
 12 graph, or likeness has commercial value at the time of his or her death,
 13 or because of his or her death, whether or not during the lifetime of
 14 that natural person the person used his or her name, voice, signature,
 15 photograph, or likeness on or in products, merchandise, or goods, or for
 16 purposes of advertising or selling, or solicitation of purchase of,
 17 products, merchandise, goods, or services].
 18 [c.] b. "digital replica" means a [newly created, original,] compu-
 19 ter-generated, [electronic performance by an individual in a separate
 20 and newly created, original expressive sound recording or audiovisual
 21 work in which the] highly realistic electronic representation that is

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11870-01-5

 A. 8611 2

 1 readily identifiable as the voice or visual likeness of an individual
 2 [did not actually perform,] that is [so realistic that a reasonable
 3 observer would believe it is] embodied in a sound recording, image,
 4 audiovisual work, or transmission in which the actual individual either
 5 did not actually perform or appear, or the actual individual did perform
 6 or appear, but the fundamental character of the performance [by the
 7 individual being portrayed and no other individual] or appearance has
 8 been materially altered. A digital replica does not include the elec-
 9 tronic reproduction, [computer generated] use of a sample of one sound
 10 recording or audiovisual work into another, remixing, mastering, or
 11 [other] digital remastering of [an expressive] a sound recording or
 12 audiovisual work [consisting of an individual's original or recorded
 13 performance, nor the making or duplication of another recording that
 14 consists entirely of the independent fixation of other sounds, even if
 15 such sounds imitate or simulate the voice of the individual] authorized
 16 by the copyright holder.
 17 [d.] c. "sound recordings" are works that result from the fixation of
 18 a series of musical, sp