Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 04, 2012 |
referred to codes |
Feb 04, 2011 |
referred to codes |
Senate Bill S2999
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- 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
Actions
2011-S2999 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Civil Rights Law
- Laws Affected:
- Add ยง50-f, Civ Rts L
- Versions Introduced in 2009-2010 Legislative Session:
-
S5066
2011-S2999 (ACTIVE) - Sponsor Memo
BILL NUMBER:S2999 TITLE OF BILL: An act amended the civil rights law, in relation to prohibiting the use of the name, portrait and/or picture of a deceased personality SUMMARY OF PROVISIONS: Adds a new section 50-f to the Civil Rights Law, to create a post-mortem right of publicity, which prohibits any person, firm or corporation form using for advertising purposes or for purposes of trade, the persona of any deceased personality without having first obtained the written consent of heirs who have registered their claim of rights. The terms "for advertising purposes or for the purposes of trade" are meant to be applied and interpreted in the same manner as applied and interpreted in case law construing sections fifty and fifty-one of this article. "Persona" is defined as the name (legal and/or professional), portrait, voice and/or picture of a natural person, and "Deceased personality" means any natural person whose persona is of commercial value or was so prior to death, and who died a domiciliary of New York on or after, or within 70 years prior to, the effective date of the bill. A large part of the remainder of the bill deals with exceptions: * There are no restrictions on use of a deceased personality's persona after 70 years after death.
2011-S2999 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2999 2011-2012 Regular Sessions I N S E N A T E February 4, 2011 ___________ Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT amended the civil rights law, in relation to prohibiting the use of the name, portrait and/or picture 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 TEN OF THIS SECTION WHO HAVE REGISTERED THEIR CLAIM OF RIGHTS PURSUANT TO SUBDIVISION TWELVE OF THIS SECTION UNLESS OTHERWISE PROVIDED HEREIN. 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 AND/OR PICTURE OF A NATURAL PERSON. (B) "DECEASED PERSONALITY" MEANS ANY NATURAL PERSON WHOSE PERSONA HAD COMMERCIAL VALUE PRIOR TO HIS OR HER DEATH, AND WHO DIED A DOMICILIARY OF THE STATE OF NEW YORK ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION. 3. NOTHING IN THIS SECTION SHALL BE READ AS PROHIBITING THE USE OF A DECEASED PERSONALITY'S PERSONA THAT OCCURS AFTER THE EXPIRATION OF TWEN- TY-FIVE 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 COMMENCED BEFORE EITHER THE EFFEC- TIVE DATE OF THIS SECTION OR THE POSTING OF THE REGISTRY PURSUANT TO SUBDIVISION TWELVE OF THIS SECTION. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07909-01-1
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