New York S 8721: Establishes privacy and publicity rights for likenesses altered using artificial intelligence

Bill Text

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S08721 Summary:

BILL NOS08721 

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SAME ASNo Same As

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SPONSORWEIK

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COSPNSRRHOADS

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MLTSPNSR

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Add §§50-h & 52-e, Civ Rts L

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Creates penalties for likenesses altered or created by artificial intelligence being used for commercial gain; establishes a private right of action for the unlawful dissemination of still or video images generated by artificial intelligence.

Go to top S08721 Actions:

BILL NOS08721 

&nbsp

01/07/2026REFERRED TO CODES

Go to topS08721 Committee&nbspVotes:

Go to topS08721 Floor&nbspVotes:

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

Go to topS08721 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8721

 IN SENATE

 January 7, 2026
 ___________

 Introduced by Sen. WEIK -- read twice and ordered printed, and when
 printed to be committed to the Committee on Codes

 AN ACT to amend the civil rights law, in relation to establishing priva-
 cy and commercial rights for likenesses altered using artificial
 intelligence

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

 1 Section 1. The civil rights law is amended by adding a new section
 2 50-h to read as follows:
 3 § 50-h. Right of publicity; digitization. 1. For purposes of this
 4 section:
 5 a. "depicted individual" means an individual whose name, voice, signa-
 6 ture, still or video image, or likeness is used on or in products,
 7 merchandise, or goods, or for purposes of advertising or selling, or
 8 solicitation of purchase of, products, merchandise, goods, or services.
 9 b. "digitization" means the use of software, machine learning, artifi-
 10 cial intelligence, or any other computer-generated or technological
 11 means, including adapting, modifying, manipulating, or altering a real-
 12 istic depiction.
 13 c. "individual" means a natural person.
 14 2. a. Any person who uses a depicted individual whose name, voice,
 15 signature, still or video image, or likeness has been created or altered
 16 by digitization, in any manner, on or in products, merchandise, or
 17 goods, or for purposes of advertising or selling, or soliciting
 18 purchases of, products, merchandise, goods, or services, without prior
 19 consent from the depicted individual shall be liable for any damages
 20 sustained by the person or persons injured as a result thereof.
 21 b. In any action brought under this section:
 22 i. the person who violated this section shall be liable to the injured
 23 party or parties in an amount equal to the greater of two thousand
 24 dollars or the compensatory damages suffered by the injured party or
 25 parties, as a result of the unauthorized use, and any profits from the
 26 unauthorized use that are attributable to such use and are not taken
 27 into account in computing the compensatory damages.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14249-01-5

 S. 8721 2

 1 ii. in establishing profits under this subdivision, the injured party
 2 or parties shall be required to present proof only of the gross revenue
 3 attributable to the unauthorized use, and the person who violated this
 4 section is required to prove their deductible expenses.
 5 iii. punitive damages may also be awarded to the injured party or
 6 parties.
 7 c. For purposes of this subdivision:
 8 i. it shall not be a violation of paragraph a of this subdivision if
 9 the work is a play, book, magazine, newspaper, or other literary work;
 10 musical work or composition; work of art or other visual work; work of
 11 political, public interest, educational or newsworthy value, including
 12 comment, criticism, parody or satire; audio or audiovisual work, radio
 13 or television program, if it is fictional or nonfictional entertainment;
 14 or an advertisement or commercial announcement for any of the foregoing
 15 works.
 16 ii. it shall not be a violation of this section if the use of a name,
 17 voice, signature, still or video image, or likeness occurs in connection
 18 with any news, public affairs, or sports program or account, regardless
 19 of format, medium or means of transmission, or any political campaign.
 20 iii. it shall not be a violation of this section if the use i