Senate Bill S3217A

2011-2012 Legislative Session

Prohibits using the persona of a deceased personality

download bill text pdf

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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to codes
Feb 22, 2011	print number 3217a
Feb 22, 2011	amend and recommit to codes
Feb 14, 2011	referred to codes

Bill Amendments

2011-S3217 - Details

Current Committee:: Senate Codes
Law Section:: Civil Rights Law
Laws Affected:: Add §50-f, Civ Rts L
Versions Introduced in 2009-2010 Legislative Session:: S6790

2011-S3217 - Summary

Prohibits using the persona of a deceased personality.

2011-S3217 - Sponsor Memo

                                BILL NUMBER:S3217

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:
S.6790 of 2010

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.

2011-S3217 - Bill Text download pdf

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

                                  3217

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 14, 2011
                               ___________

Introduced  by  Sen.  GOLDEN -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09328-01-1

S. 3217                             2

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-
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

S. 3217                             3

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,
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

S. 3217                             4

SHALL  BE  EFFECTIVE  TO  TRANSFER THE DECEASED PERSONALITY'S PERSONA IN
ACCORDANCE WITH THE TERMS OF THAT PROVISION.
  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

S. 3217                             5

SUCCESSOR-IN-INTEREST  OR  LICENSEE  REGISTERS  A  CLAIM OF RIGHTS UNDER
SUBDIVISION SEVENTEEN OF THIS SECTION.
  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.

2011-S3217A (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Civil Rights Law
Laws Affected:: Add §50-f, Civ Rts L
Versions Introduced in 2009-2010 Legislative Session:: S6790

2011-S3217A (ACTIVE) - Summary

Prohibits using the persona of a deceased personality.

2011-S3217A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3217A

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:
S.8373-A of 2010

FISCAL IMPLICATIONS:
Undetermined.

EFFECTIVE DATE:
The bill would take effect one year after it shall have become a law.

2011-S3217A (ACTIVE) - Bill Text download pdf

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

                                 3217--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 14, 2011
                               ___________

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09328-02-1

S. 3217--A                          2

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-
ITY'S PERSONA FOR OTHER THAN ADVERTISING PURPOSES  OR  THE  PURPOSES  OF
TRADE.
  5.  FOR  PURPOSES  OF  THIS  SECTION,  THE  FOLLOWING INFORMATIONAL OR
EXPRESSIVE WORKS, REGARDLESS OF LENGTH OR FORMAT, APPEARING IN ANY MEDI-
UM 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 ADVERTISE-
MENT, ENDORSEMENT OR SOLICITATION FOR THE SALE OR PURCHASE OF A PRODUCT,
ARTICLE OF MERCHANDISE, GOOD OR SERVICE:
  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 AUDIO WORK;
  E.  A DOCUMENTARY, MOTION PICTURE, TELEVISION PROGRAM OR OTHER SIMILAR
AUDIOVISUAL WORK;
  F. A PHOTOGRAPH OR POSTER, OR REPRODUCTION THEREOF;
  G. AN ORIGINAL WORK OF ART, ART REPRODUCTION, OR OTHER SIMILAR WORK;
  H. A WORK OF POLITICAL OR NEWSWORTHY VALUE;
  I. A NEWS, PUBLIC AFFAIRS, PUBLIC  INTEREST  OR  SPORTS  BROADCAST  OR
ACCOUNT;
  J. ANY WORK USED IN CONNECTION WITH ANY POLITICAL CAMPAIGN;
  K. A CALENDAR OR GREETING CARD;
  L. 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;
  M. ANY OTHER EDITORIAL, ARTISTIC OR EXPRESSIVE WORK; OR
  N. ANY ADVERTISEMENT, PROMOTION OR COMMERCIAL ANNOUNCEMENT FOR ANY  OF
THE PRECEDING WORKS.
  IN  THE CASE OF ALL WORKS IDENTIFIED IN PARAGRAPHS A THROUGH N 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. 3217--A                          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  INTENTIONALLY
ENGAGES  IN AN UNAUTHORIZED USE OF THE DECEASED PERSONALITY'S PERSONA AS
PROHIBITED BY THIS SECTION, KNOWING THAT SUCH USE REQUIRES CONSENT.
  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 CANNOT REASONABLY BE UNDERSTOOD TO REPRESENT
THAT THE DECEASED PERSONALITY ENDORSES  THE  NEWS  REPORTING  OR  ENTER-
TAINMENT 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 CANNOT REASONABLY  BE  UNDERSTOOD  TO  REPRESENT
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. 3217--A                          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 REGISTRATION SHALL BE  PRIMA  FACIE
EVIDENCE  OF THE VALIDITY OF THE REGISTRATION AND OF THE FACTS STATED IN
THE REGISTRATION.  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. 3217--A                          5

  19. IF NO CLAIM OF RIGHTS TO THE PERSONA OF A DECEASED PERSONALITY HAS
BEEN  VALIDLY  REGISTERED UNDER SUBDIVISION SEVENTEEN OF THIS SECTION BY
ANY PERSON OR PERSONS COLLECTIVELY OWNING MORE THAN FIFTY PERCENT OF THE
RIGHTS, 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 one year after it shall have become a
law.

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Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Senate Committee Codes Committee

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2011-S3217A (ACTIVE) - Details

2011-S3217A (ACTIVE) - Summary

2011-S3217A (ACTIVE) - Sponsor Memo

2011-S3217A (ACTIVE) - Bill Text download pdf

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