senate Bill S5650

2015-2016 Legislative Session

Provides that a property right exists in a deceased individual's persona for seventy years after the death of the individual

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to codes
May 22, 2015 referred to codes

Co-Sponsors

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S5650 (ACTIVE) - Details

See Assembly Version of this Bill:
A7904
Current Committee:
Senate Codes
Law Section:
Civil Rights Law
Laws Affected:
Add Art 3-A §§30 - 37, Civ Rts L; amd §215, CPLR

S5650 (ACTIVE) - Summary

Provides that a property right exists in a deceased individual's persona for seventy years after the death of the individual.

S5650 (ACTIVE) - Sponsor Memo

S5650 (ACTIVE) - Bill Text download pdf

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

                                  5650

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 22, 2015
                               ___________

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

AN ACT to amend the civil rights law and  the  civil  practice  law  and
  rules, in relation to the right of publicity

  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 article 3-A
to read as follows:
                               ARTICLE 3-A
                           RIGHT OF PUBLICITY
SECTION 30. DEFINITIONS.
        31. PROPERTY RIGHT ESTABLISHED.
        32. PROHIBITED USES.
        33. CONSENT.
        34. EXEMPTIONS FROM USE RESTRICTIONS.
        35. APPLICABILITY.
        36. REMEDIES.
        37. ENFORCEMENT OF RIGHTS.
  S 30. DEFINITIONS. AS USED IN THIS ARTICLE:
  1. "COMMERCIAL PURPOSE" MEANS THE USE OF OR REFERENCE TO ANY ASPECT OF
AN INDIVIDUAL'S PERSONA IN ANY OF THE FOLLOWING MANNERS: (A)  ON  OR  IN
CONNECTION  WITH  THE  OFFERING  FOR SALE OR SALE OF A PLACE, A PRODUCT,
MERCHANDISE, GOOD, SERVICE OR BUSINESS; (B) FOR ADVERTISING OR PROMOTING
THE PURCHASE OR SALE OF A PRODUCT, MERCHANDISE, GOOD, SERVICE  OR  BUSI-
NESS; AND (C) FOR THE PURPOSE OF PROMOTING TRAVEL.
  2. "DECEASED INDIVIDUAL" MEANS ANY NATURAL PERSON WHO DIED A DOMICILI-
ARY  OF THE STATE OF NEW YORK ON OR AFTER, OR WITHIN SEVENTY YEARS PRIOR
TO, THE EFFECTIVE DATE OF THIS ARTICLE.
  3. "PERSON" MEANS A NATURAL PERSON, CORPORATION, PARTNERSHIP,  LIMITED
LIABILITY  CORPORATION,  LIMITED LIABILITY PARTNERSHIP, TRUST, ESTATE OR
OTHER LEGAL ENTITY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11099-02-5

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