NY State Senate Bill 2009-S6790

Archive: Last Bill Status - On Floor Calendar

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 15, 2010	star removed
Jun 14, 2010	starred on calendar
Apr 12, 2010	advanced to third reading
Apr 08, 2010	2nd report cal.
Apr 07, 2010	1st report cal.335
Feb 05, 2010	referred to codes

Votes

- Apr 7, 2010 - Codes Committee Vote
  S6790
  
  7
  
  Aye
  
  3
  
  Nay
  
  6
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Apr 7, 2010
      
      aye (7)
      
      Breslin
      
      Golden
      
      Huntley
      
      Klein
      
      Parker
      
      Sampson
      
      Volker
      
      nay (3)
      
      DeFrancisco
      
      Flanagan
      
      Lanza
      
      aye wr (6)
      
      Bonacic
      
      Duane
      
      Perkins
      
      Saland
      
      Schneiderman
      
      Squadron

co-Sponsors

2009-S6790 (ACTIVE) - Details

Law Section:: Civil Rights Law
Laws Affected:: Add §50-f, Civ Rts L
Versions Introduced in 2011-2012 Legislative Session:: S3217

2009-S6790 (ACTIVE) - Summary

Prohibits using the persona of a deceased personality.

2009-S6790 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6790

 TITLE OF BILL :

An act to amend the civil rights law, in relation to prohibiting the
use of the persona of a deceased personality


 PURPOSE :

Prohibits the use of the persona of any deceased personality for
purposes of advertising or trade, unless written consent has been
obtained from the person or persons who have registered their claim of
rights in accordance with the provision of the bill.

 SUMMARY OF PROVISIONS :

The bill would add new section 50-f to the Civil Rights Law to create
a postmortem right of publicity, which prohibits any person, firm or
corporation from using the "persona" of any "deceased personality" for
purposes of advertising or trade without having obtained the written
consent of the person or persons who have registered their claim of
rights in accordance with the provisions of this bill. The provisions
of the bill would:

* Create definitions of "persona" and "deceased personality."

"Persona" is defined to mean the name, including legal and
professional name, portrait, voice, and/or picture of a natural
person. "Deceased personality" is defined to mean any natural person
who died a domiciliary of the state of New York on or after, or within
seventy years prior to, the effective date of this bill, and whose
persona is or was of commercial value prior to his or her death;

* Specify that any prohibitions contained in the bill would expire 70
years after the death of such personality;

* Except from the purview of the deceased personality's persona the
use of such persona in connection with political, artistic or
informational works, so long as such work is not being used as a
commercial advertisement, endorsement or solicitation;

* Except from the purview of the deceased personality's persona the
use of such persona to identify such personality as the author of or
contributor to a work or a performer of a recorded performance;

* Exempt from liability actions or conduct involving the use of a
deceased personality's persona that occurred prior to the effective
date of the bill;

* Recognize a deceased personality's persona as personal property,
freely transferable or descendible, in whole or in part, by contract
or by means of any trust or testamentary instrument;

* Require a successor in interest to the rights of a deceased
personality to register a verified claim with the secretary of state
before such successor can recover damages under the bill; and

* Impose a one-year statute of limitations for actions brought under
this bill.

 JUSTIFICATION :

This bill would extend the narrowly-defined New York "right of
publicity" to a personality's estate for 70 years following death. It
would protect a deceased personality's image against unauthorized

commercial exploitation, yet would do so in a way that is fully
consistent with the First Amendment.

The bill would advance at least two important values. First, a
personality has a legitimate dignitary concern over his or her public
perception. It may be deeply disturbing to many personalities to learn
that the reputation and image that they had earned during life is
subject to unauthorized commercial appropriation and exploitation in
ways that might profoundly alter a reputation built on a lifetime of
effort. For example, a personality who spends a lifetime seeking to
preserve the environment might be deeply troubled to learn that, after
death, his or her recognizable image could be freely commercially
appropriated and exploited by companies engaged in environmentally
destructive activities.

Second, a personality's image, viewed as the sum of talents and
attributes, is a form of property. Where a third person seeks to
profit commercially by the unauthorized commercial exploitation of
such property, the resulting transaction may be viewed as a polite
form of theft.

The bill strikes an important balance between a personality's private
interest in the protection or exploitation of image and the free
transmission of ideas and information protected by the First
Amendment. In particular, the bill does so by excepting from the
purview of the deceased personality's persona political, artistic or
informational works, so long as such work is not used as a. purely
commercial advertisement, solicitation or endorsement. The bill also
places a time limitation on the enforcement of the prohibitions in the
bill, having them expire 70 years following the death of the
personality.

 LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS :

Undetermined.

 EFFECTIVE DATE :
The bill would take effect on the first day of April next succeeding
the date on which it shall have become a law.

2009-S6790 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6790

                            I N  S E N A T E

                            February 5, 2010
                               ___________

Introduced  by  Sens.  SAMPSON,  GOLDEN, ADAMS -- 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 prohibiting the use
  of the persona of a deceased personality

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  civil  rights law is amended by adding a new section
50-f to read as follows:
  S 50-F. USE OF THE PERSONA OF A DECEASED PERSONALITY PROHIBITED. 1. NO
PERSON, FIRM OR CORPORATION SHALL USE FOR ADVERTISING  PURPOSES  OR  FOR
THE  PURPOSES  OF TRADE, THE PERSONA OF ANY DECEASED PERSONALITY WITHOUT
HAVING FIRST OBTAINED THE WRITTEN CONSENT OF THE PERSON OR PERSONS IDEN-
TIFIED IN SUBDIVISION FOURTEEN OF THIS SECTION WHO HAVE REGISTERED THEIR
CLAIM OF RIGHTS PURSUANT TO SUBDIVISION SEVENTEEN OF THIS SECTION, OR AS
OTHERWISE PROVIDED IN THIS SECTION.
  2. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS:
  A. "PERSONA" MEANS THE NAME, INCLUDING LEGAL  AND  PROFESSIONAL  NAME,
PORTRAIT, VOICE AND/OR PICTURE OF A NATURAL PERSON.
  B.  "DECEASED  PERSONALITY"  MEANS  ANY NATURAL PERSON WHO: (1) DIED A
DOMICILIARY OF THE STATE OF NEW YORK ON  OR  AFTER,  OR  WITHIN  SEVENTY
YEARS PRIOR TO, THE EFFECTIVE DATE OF THIS SECTION; AND (2) WHOSE PERSO-
NA  WAS  OF COMMERCIAL VALUE AT THE TIME OF HIS OR HER DEATH, WHETHER OR
NOT THE INDIVIDUAL USED HIS OR HER PERSONA FOR ADVERTISING  PURPOSES  OR
FOR THE PURPOSES OF TRADE DURING HIS OR HER LIFETIME.
  3.  NOTHING  IN THIS SECTION SHALL BE READ AS PROHIBITING THE USE OF A
DECEASED PERSONALITY'S PERSONA  THAT  OCCURS  AFTER  THE  EXPIRATION  OF
SEVENTY  YEARS  FOLLOWING  THE  DEATH  OF THAT DECEASED PERSONALITY. NOR
SHALL ANYTHING IN THIS SECTION BE READ AS CREATING LIABILITY  OR  GIVING
RISE  TO  ANY  REMEDY  FOR ANY ACTIONS OR CONDUCT INVOLVING THE USE OF A
DECEASED PERSONALITY'S PERSONA THAT OCCURRED PRIOR TO THE EFFECTIVE DATE
OF THIS SECTION.
  4. THE WRITTEN CONSENT SPECIFIED IN SUBDIVISION ONE  OF  THIS  SECTION
SHALL NOT BE REQUIRED IN CONNECTION WITH THE USE OF A DECEASED PERSONAL-

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

                                                           LBD15793-02-0

S. 6790                             2

ITY'S  PERSONA  FOR  OTHER  THAN ADVERTISING PURPOSES OR THE PURPOSES OF
TRADE.
  5.  FOR PURPOSES OF THIS SECTION, THE FOLLOWING WORKS, OR NON-UTILITA-
RIAN EXPRESSIVE WORKS DERIVED THEREFROM, REGARDLESS OF LENGTH OR FORMAT,
APPEARING IN ANY MEDIUM NOW KNOWN OR HEREAFTER  DEVISED,  SHALL  NOT  BE
CONSIDERED TO HAVE USED A DECEASED PERSONALITY'S PERSONA FOR ADVERTISING
PURPOSES  OR  FOR  THE  PURPOSES  OF TRADE, SO LONG AS SUCH WORKS DO NOT
CONSTITUTE AN ADVERTISEMENT, ENDORSEMENT OR SOLICITATION FOR THE SALE OR
PURCHASE OF A PRODUCT, ARTICLE OF MERCHANDISE,  GOOD  OR  SERVICE  OTHER
THAN  THE  FOLLOWING  WORKS, OR NON-UTILITARIAN EXPRESSIVE WORKS DERIVED
THEREFROM, WHICH ARE EXEMPT UNDER THIS SECTION:
  A. A PLAY, BOOK, STORY, GRAPHIC NOVEL, OR OTHER LITERARY OR THEATRICAL
WORK;
  B. AN ARTICLE, EDITORIAL, COMMENTARY, MAGAZINE, NEWSPAPER,  NEWSLETTER
OR OTHER PERIODICAL;
  C. A MUSICAL COMPOSITION;
  D.  A RADIO PROGRAM, SOUND RECORDING, OR OTHER SIMILAR NON-UTILITARIAN
EXPRESSIVE AUDIO WORK;
  E. A DOCUMENTARY, MOTION PICTURE, TELEVISION PROGRAM OR OTHER  SIMILAR
NON-UTILITARIAN EXPRESSIVE AUDIOVISUAL WORK;
  F. A PHOTOGRAPH OR POSTER, OR REPRODUCTION THEREOF;
  G.  AN ORIGINAL WORK OF ART, ART REPRODUCTION, OR OTHER SIMILAR NON-U-
TILITARIAN EXPRESSIVE WORK;
  H. A GAME THAT USES THE PERSONAS OF MULTIPLE DECEASED PERSONALITIES;
  I. A WORK OF POLITICAL OR NEWSWORTHY VALUE;
  J. A NEWS, PUBLIC AFFAIRS, PUBLIC  INTEREST  OR  SPORTS  BROADCAST  OR
ACCOUNT;
  K. ANY WORK USED IN CONNECTION WITH ANY POLITICAL CAMPAIGN;
  L. A CALENDAR OR GREETING CARD;
  M. A TEE-SHIRT WHERE THE PORTRAIT OR PICTURE OF A DECEASED PERSONALITY
APPEARS  ON  THE  TEE-SHIRT  ITSELF,  AND NOT AS PART OF ANY HANG TAG OR
OTHER LABEL;
  N. ANY OTHER EDITORIAL, ARTISTIC OR NON-UTILITARIAN  EXPRESSIVE  WORK;
OR
  O.  ANY ADVERTISEMENT, PROMOTION OR COMMERCIAL ANNOUNCEMENT FOR ANY OF
THE PRECEDING WORKS.
  IN THE CASE OF ALL WORKS IDENTIFIED IN PARAGRAPHS A THROUGH O OF  THIS
SUBDIVISION,  THE  WRITTEN  CONSENT SPECIFIED IN SUBDIVISION ONE OF THIS
SECTION SHALL NOT BE REQUIRED.
  6. NO PERSON OR ENTITY POSSESSING RIGHTS OR TITLE, HOWEVER HELD, IN  A
WORK  ENCOMPASSING  ANY  ASPECT  OR  ASPECTS OF A DECEASED PERSONALITY'S
PERSONA SHALL BE RENDERED LIABLE UNDER THIS  SECTION  FOR  LICENSING  OR
OTHERWISE  AUTHORIZING  THE  USE  OF  SUCH WORK BY A THIRD PARTY, OR FOR
DISPLAYING IMAGES OF SUCH WORK AS AVAILABLE FOR LICENSE OR  SIMILAR  USE
BY A THIRD PARTY, SO LONG AS SUCH PERSON OR ENTITY DOES NOT (I) KNOW AND
INTEND THAT THE THIRD PARTY PLANS TO USE SUCH WORK TO ENGAGE IN AN UNAU-
THORIZED USE OF THE DECEASED PERSONALITY'S PERSONA AS PROHIBITED BY THIS
SECTION,  OR (II) DOES NOT WARRANT OR REPRESENT THAT THE THIRD PARTY MAY
USE THE LICENSED OR AUTHORIZED  ASPECT  OF  THE  DECEASED  PERSONALITY'S
PERSONA  FOR  ADVERTISING  PURPOSES OR FOR THE PURPOSES OF TRADE WITHOUT
FIRST OBTAINING THE WRITTEN CONSENT REQUIRED BY SUBDIVISION ONE OF  THIS
SECTION.  IN  THE EVENT THAT SUCH THIRD PARTY LICENSEE WISHES TO USE ANY
ASPECT OF A DECEASED PERSONALITY'S PERSONA ENCOMPASSED IN SUCH WORK  FOR
ADVERTISING  PURPOSES  OR  FOR  THE PURPOSES OF TRADE, WITHOUT THE PRIOR
KNOWLEDGE AND INTENT OF THE LICENSING OR AUTHORIZING PERSON  OR  ENTITY,

S. 6790                             3

IT  SHALL  BE  THE  SOLE  RESPONSIBILITY  OF THE THIRD PARTY LICENSEE TO
OBTAIN THE WRITTEN CONSENT REQUIRED BY SUBDIVISION ONE OF THIS SECTION.
  7. UNLESS OTHERWISE AGREED TO IN WRITING, ONLY THE PERSONS OR ENTITIES
WHO  ACTUALLY  AUTHORIZE,  MANUFACTURE OR OTHERWISE CREATE AN ADVERTISE-
MENT, PRODUCT, ARTICLE OF  MERCHANDISE,  GOOD  OR  SERVICE  EMBODYING  A
DECEASED  PERSONALITY'S  PERSONA  SHALL BE RESPONSIBLE FOR OBTAINING THE
WRITTEN CONSENT REQUIRED BY SUBDIVISION ONE  OF  THIS  SECTION;  A  MERE
DISTRIBUTOR OR TRANSMITTER OF SUCH AN ADVERTISEMENT, PRODUCT, ARTICLE OF
MERCHANDISE,  GOOD  OR  SERVICE SHALL NOT BE LIABLE FOR ANY VIOLATION OF
THIS SECTION, UNLESS  SAID  DISTRIBUTOR  OR  TRANSMITTER  KNOWINGLY  AND
INTENTIONALLY  ENGAGES  IN AN UNAUTHORIZED USE OF THE DECEASED PERSONAL-
ITY'S PERSONA AS PROHIBITED BY THIS SECTION.
  8. THIS SECTION SHALL NOT PROHIBIT THE USE OF A DECEASED PERSONALITY'S
PERSONA IN PROMOTIONAL MATERIAL OR AN ADVERTISEMENT FOR A NEWS REPORTING
OR AN ENTERTAINMENT MEDIUM THAT:
  A. USES ALL OR PART OF A PAST OR FUTURE EDITION OF  THE  MEDIUM'S  OWN
BROADCAST OR PUBLICATION; AND
  B. DOES NOT CONVEY OR REASONABLY SUGGEST THAT THE DECEASED PERSONALITY
ENDORSES THE NEWS REPORTING OR ENTERTAINMENT MEDIUM.
  9. THIS SECTION SHALL NOT PROHIBIT THE USE OF A DECEASED PERSONALITY'S
PERSONA IN PROMOTIONAL MATERIAL OR AN ADVERTISEMENT FOR AN AGGREGATOR OF
NEWS REPORTING AND/OR ENTERTAINMENT CONTENT THAT:
  A.  USES  ALL  OR  A  PART OF THE CONTENT OF ANY NEWS MEDIUM OR ENTER-
TAINMENT MEDIUM AVAILABLE TO THE AGGREGATOR'S CUSTOMERS; AND
  B. DOES NOT CONVEY OR REASONABLY SUGGEST THAT THE DECEASED PERSONALITY
ENDORSES THE NEWS AND/OR  ENTERTAINMENT  AGGREGATOR.  AS  USED  IN  THIS
SUBDIVISION,  THE  TERM  "AGGREGATOR" MEANS A PARTY WHO RECEIVES CONTENT
NOT OF ITS OWN CREATION FROM OTHERS  WHICH  IT  TRANSMITS  OR  OTHERWISE
PROVIDES TO OTHERS.
  10.  THIS  SECTION  SHALL NOT PROHIBIT THE USE OF A DECEASED PERSONAL-
ITY'S PERSONA TO ACCURATELY IDENTIFY THAT DECEASED  PERSONALITY  AS  THE
AUTHOR OF OR CONTRIBUTOR TO A WORK OR A PERFORMER OF A RECORDED PERFORM-
ANCE,  UNDER  CIRCUMSTANCES IN WHICH THE WORK OR RECORDED PERFORMANCE IS
OTHERWISE LAWFULLY REPRODUCED, EXHIBITED, OR BROADCAST.
  11. A DECEASED PERSONALITY'S  PERSONA  IS  PERSONAL  PROPERTY,  FREELY
TRANSFERABLE  OR  DESCENDIBLE,  IN  WHOLE  OR IN PART, BY CONTRACT OR BY
MEANS OF ANY TRUST OR TESTAMENTARY INSTRUMENT,  WHETHER  SUCH  CONTRACT,
TRUST  OR  TESTAMENTARY INSTRUMENT IS ENTERED INTO OR EXECUTED BEFORE OR
AFTER THE EFFECTIVE DATE OF THIS SECTION, BY THE DECEASED PERSONALITY OR
BY ANY SUBSEQUENT OWNER OF THE DECEASED PERSONALITY'S PERSONA AS  RECOG-
NIZED BY THIS SECTION.
  12. THE RIGHTS RECOGNIZED UNDER THIS SECTION ARE EXPRESSLY MADE RETRO-
ACTIVE  AND  SHALL BE DEEMED TO HAVE EXISTED AT THE TIME OF DEATH OF ANY
DECEASED PERSONALITY WHO DIED WITHIN SEVENTY YEARS PRIOR TO  THE  EFFEC-
TIVE  DATE  OF THIS SECTION AND, EXCEPT WHERE SUCH RIGHTS WERE PASSED OR
ASSIGNED PRIOR TO SUCH DECEASED PERSONALITY'S  DEATH  BY  MEANS  OF  ANY
CONTRACT  OR  TRUST  INSTRUMENT,  SHALL  BE DEEMED TO HAVE VESTED IN THE
PERSON OR PERSONS  ENTITLED  TO  THESE  RIGHTS  UNDER  THE  TESTAMENTARY
INSTRUMENT  OF  THE DECEASED PERSONALITY EFFECTIVE AS OF THE DATE OF HIS
OR HER DEATH. IN THE ABSENCE OF A TRANSFER ELSEWHERE IN  A  TESTAMENTARY
INSTRUMENT  OF  THE  PERSONA  OF A DECEASED PERSONALITY RECOGNIZED UNDER
THIS SECTION, A PROVISION IN THE TESTAMENTARY INSTRUMENT  THAT  PROVIDES
FOR  THE DISPOSITION OF THE RESIDUE OF THE DECEASED PERSONALITY'S ASSETS
SHALL BE EFFECTIVE TO TRANSFER THE  DECEASED  PERSONALITY'S  PERSONA  IN
ACCORDANCE WITH THE TERMS OF THAT PROVISION.

S. 6790                             4

  13.  IF NO TRANSFER OF SOME OR ALL OF THE RIGHTS RECOGNIZED UNDER THIS
SECTION HAS OCCURRED IN ACCORDANCE WITH SUBDIVISION ELEVEN OR TWELVE  OF
THIS SECTION, THEN SUCH RIGHTS SHALL BE DEEMED TO HAVE PASSED IN ACCORD-
ANCE WITH SECTION 4-1.1 OF THE ESTATES, POWERS AND TRUSTS LAW; PROVIDED,
HOWEVER,  THAT  IF  THERE  ARE NO SURVIVING NATURAL PERSONS TO WHOM SAID
RIGHTS PASS BY INTESTATE SUCCESSION, THEN SAID RIGHTS SHALL TERMINATE.
  14. THE WRITTEN CONSENT REQUIRED BY THIS SECTION SHALL BE  EXERCISABLE
BY THE PERSON OR PERSONS WHO COLLECTIVELY OWN MORE THAN FIFTY PERCENT OF
THE  RIGHTS  IN  THE  DECEASED  PERSONALITY'S PERSONA IN ACCORDANCE WITH
SUBDIVISIONS ELEVEN, TWELVE AND THIRTEEN OF THIS SECTION. RELIANCE  UPON
SUCH  WRITTEN  CONSENT  PROVIDED BY THOSE WHO HAVE REGISTERED A CLAIM OF
RIGHTS UNDER SUBDIVISION SEVENTEEN OF THIS SECTION SHALL BE  A  COMPLETE
DEFENSE IN ANY ACTION BROUGHT UNDER THIS SECTION.
  15.  NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, IF
AN ACTION WAS TAKEN PRIOR TO THE EFFECTIVE DATE OF THIS SECTION TO EXER-
CISE A DECEASED PERSONALITY'S PERSONA RIGHTS,  UNDER  THE  LAWS  OF  ANY
OTHER  STATE,  BY  ONE  OR MORE LIVING SPOUSE, CHILDREN OR GRANDCHILDREN
(OTHER THAN A PERSON DISINHERITED  BY  THE  DECEASED  PERSONALITY  IN  A
TESTAMENTARY  INSTRUMENT),  AND THE EXERCISE OF THOSE PERSONA RIGHTS WAS
NOT CHALLENGED SUCCESSFULLY IN A COURT ACTION BY A PERSON  DESCRIBED  IN
SUBDIVISION  ELEVEN OF THIS SECTION, THAT EXERCISE SHALL NOT BE AFFECTED
BY SUCH SUBDIVISION. IN SUCH A  CASE,  THE  PERSONA  RIGHTS  THAT  WOULD
OTHERWISE VEST IN ONE OR MORE PERSONS DESCRIBED IN SUBDIVISION ELEVEN OF
THIS  SECTION SHALL VEST SOLELY IN THE SPOUSE, CHILDREN OR GRANDCHILDREN
DESCRIBED HEREIN (OTHER THAN  A  PERSON  DISINHERITED  BY  THE  DECEASED
PERSONALITY IN A TESTAMENTARY INSTRUMENT) FOR ALL FUTURE PURPOSES.
  16. THE REMEDIES FOR ANY VIOLATION OF THIS SECTION SHALL BE LIMITED TO
THOSE SPECIFIED IN SECTION FIFTY-ONE OF THIS ARTICLE, AND THE EXCEPTIONS
TO  LIABILITY SPECIFIED IN SECTION FIFTY-ONE OF THIS ARTICLE SHALL LIKE-
WISE BE APPLICABLE TO ANY ASSERTED VIOLATION OF THIS SECTION.
  17. ANY PERSON OR PERSONS CLAIMING TO BE  A  SUCCESSOR-IN-INTEREST  TO
THE  RIGHTS IN A DECEASED PERSONALITY'S PERSONA UNDER THIS SECTION, OR A
LICENSEE THEREOF, MAY REGISTER A VERIFIED CLAIM WITH  THE  SECRETARY  OF
STATE  OF  THE STATE OF NEW YORK ON A FORM PRESCRIBED BY SUCH SECRETARY,
WHICH SHALL INCLUDE THE NAME AND DATE OF DEATH OF THE DECEASED PERSONAL-
ITY, THE NAME AND ADDRESS OF THE CLAIMANT, THE BASIS OF THE  CLAIM,  AND
THE  RIGHTS  CLAIMED.  AS SOON AS SHALL BE PRACTICABLE, THE SECRETARY OF
STATE SHALL CREATE A SYSTEM WHICH ALLOWS, UPON RECEIPT AND AFTER  FILING
OF  ANY DOCUMENT UNDER THIS SECTION, SUCH SECRETARY TO POST THE DOCUMENT
ALONG  WITH  THE  ENTIRE  REGISTRY  OF  PERSONS   CLAIMING   TO   BE   A
SUCCESSOR-IN-INTEREST  TO  THE  RIGHTS  OF  A  DECEASED PERSONALITY OR A
REGISTERED LICENSEE UNDER THIS SECTION  UPON  THE  DEPARTMENT  OF  STATE
WEBSITE,  PROVIDED THAT INSTEAD OF THE NAME AND ADDRESS OF THE CLAIMANT,
THE CLAIMANT MAY REQUEST THAT THE CONTACT LISTED ON THE WEBSITE  BE  THE
DESIGNATED  REPRESENTATIVE OR AGENT. CLAIMS REGISTERED UNDER THIS SUBDI-
VISION SHALL BE PUBLIC RECORDS; SUCH CLAIMS SHALL BE DEEMED VALID UNLESS
AND UNTIL OTHERWISE ADJUDICATED BY A COURT  OF  COMPETENT  JURISDICTION.
THE COST FOR FILING SHALL BE ONE HUNDRED DOLLARS. THE SECRETARY OF STATE
SHALL  PROMULGATE  REGULATIONS  FOR  CARRYING OUT THE PROVISIONS OF THIS
SUBDIVISION.
  18. NO SUCCESSOR-IN-INTEREST TO THE RIGHTS OF A  DECEASED  PERSONALITY
UNDER  THIS  SECTION,  NOR ANY LICENSEE THEREOF, MAY FILE OR MAINTAIN AN
ACTION FOR A USE PROHIBITED BY  THIS  SECTION  THAT  OCCURS  BEFORE  THE
SUCCESSOR-IN-INTEREST  OR  LICENSEE  REGISTERS  A  CLAIM OF RIGHTS UNDER
SUBDIVISION SEVENTEEN OF THIS SECTION.

S. 6790                             5

  19. IF NO CLAIM OF RIGHTS TO THE PERSONA OF A DECEASED PERSONALITY HAS
BEEN VALIDLY REGISTERED UNDER SUBDIVISION SEVENTEEN OF THIS SECTION, ANY
PERSON WISHING TO USE SUCH DECEASED PERSONALITY'S PERSONA, INCLUDING FOR
ADVERTISING PURPOSES OR FOR THE PURPOSES OF TRADE,  MAY  DO  SO  WITHOUT
VIOLATING THIS SECTION.
  20.  ANY  ACTION  TO  ENFORCE  THIS  SECTION  SHALL  BE SUBJECT TO THE
ONE-YEAR LIMITATION PERIOD SET FORTH IN SUBDIVISION THREE OF SECTION TWO
HUNDRED FIFTEEN OF THE CIVIL PRACTICE LAW AND RULES.
  S 2. If any clause, sentence, paragraph, section or part of  this  act
shall  be adjudged by any court of competent jurisdiction to be invalid,
such judgment shall not affect, impair or invalidate the remainder ther-
eof, but shall be confined in its operation  to  the  clause,  sentence,
paragraph,  section or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
  S 3. This act shall take effect on the first of April next  succeeding
the date on which it shall have become a law.

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Senate Bill S6790

Sponsored By

Archive: Last Bill Status - On Floor Calendar

Apr 7, 2010 - Codes Committee Vote

Codes Committee Vote: Apr 7, 2010

co-Sponsors

2009-S6790 (ACTIVE) - Details

2009-S6790 (ACTIVE) - Summary

2009-S6790 (ACTIVE) - Sponsor Memo

2009-S6790 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6790

Share this bill

Sponsored By

John L. Sampson

Archive: Last Bill Status - On Floor Calendar

co-Sponsors

Martin J. Golden

Eric Adams

2009-S6790 (ACTIVE) - Details

2009-S6790 (ACTIVE) - Summary

2009-S6790 (ACTIVE) - Sponsor Memo

2009-S6790 (ACTIVE) - Bill Text download pdf

Comments