| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jun 29, 2010 |
ordered to third reading cal.1367 |
| Jun 26, 2010 |
print number 8373a |
| Jun 26, 2010 |
amend and recommit to rules |
| Jun 25, 2010 |
referred to rules |
Senate Bill S8373A
2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - On Floor Calendar
Actions
Votes
Bill Amendments
2009-S8373 - Details
- Law Section:
- Civil Rights Law
- Laws Affected:
- Add §50-f, Civ Rts L
2009-S8373 - Sponsor Memo
BILL NUMBER:S8373
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
2009-S8373 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8373
I N S E N A T E
June 25, 2010
___________
Introduced by Sen. SAMPSON -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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 IN THIS STATE, THE PERSONA OF ANY DECEASED PERSON-
ALITY WITHOUT HAVING FIRST OBTAINED THE WRITTEN CONSENT OF THE PERSON OR
PERSONS IDENTIFIED IN SUBDIVISION FOURTEEN OF THIS SECTION WHO HAVE
REGISTERED THEIR CLAIM OF RIGHTS PURSUANT TO SUBDIVISION SEVENTEEN OF
THIS SECTION AND WHO OWN MORE THAN FIFTY PERCENT OF THE RIGHTS IN THE
DECEASED PERSONALITY'S PERSONA, 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
co-Sponsors
(R, C, IP) Senate District
(D, WF) Senate District
2009-S8373A (ACTIVE) - Details
- Law Section:
- Civil Rights Law
- Laws Affected:
- Add §50-f, Civ Rts L
2009-S8373A (ACTIVE) - Sponsor Memo
BILL NUMBER:S8373A
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."
2009-S8373A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8373--A
I N S E N A T E
June 25, 2010
___________
Introduced by Sens. SAMPSON, GOLDEN, ADAMS -- read twice and ordered
printed, and when printed to be committed to the Committee on Rules --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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 IN THIS STATE, THE PERSONA OF ANY DECEASED PERSON-
ALITY WITHOUT HAVING FIRST OBTAINED THE WRITTEN CONSENT OF THE PERSON OR
PERSONS IDENTIFIED IN SUBDIVISION FOURTEEN OF THIS SECTION WHO HAVE
REGISTERED THEIR CLAIM OF RIGHTS PURSUANT TO SUBDIVISION SEVENTEEN OF
THIS SECTION AND WHO OWN MORE THAN FIFTY PERCENT OF THE RIGHTS IN THE
DECEASED PERSONALITY'S PERSONA, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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