Senate Bill S2999

2011-2012 Legislative Session

Provides for the right to privacy and publicity for deceased persons

download bill text pdf

Sponsored By

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

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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) - Summary

Provides for the right to privacy and publicity for deceased persons.

2011-S2999 (ACTIVE) - Sponsor Memo

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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