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

                                  3576

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by  M.  of  A.  PAULIN,  TITONE, GOTTFRIED, ABINANTI, GALEF,
  GUNTHER, ROSENTHAL, SKARTADOS, THIELE, SCARBOROUGH, McDONOUGH --  read
  once and referred to the Committee on Judiciary

AN  ACT  to  amend  the  civil rights law, in relation to establishing a
  cause of action for injunction and damages for unlawful surveillance

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 51 of the civil rights law, as amended by chapter
674 of the laws of 1995, is amended to read as follows:
  S 51. Action for injunction and for damages. 1. Any person whose name,
portrait, picture or voice is used within  this  state  for  advertising
purposes  or for the purposes of trade without the written consent first
obtained as above provided may  maintain  an  equitable  action  in  the
supreme  court  of this state against the person, firm or corporation so
using his name, portrait, picture or voice, to prevent and restrain  the
use  thereof;  and  may  also  sue  and recover damages for any injuries
sustained by reason of such use and if the defendant shall have knowing-
ly used such person's name, portrait, picture or voice in such manner as
is forbidden or declared to be unlawful by section fifty of  this  arti-
cle, the jury, in its discretion, may award exemplary damages. But noth-
ing  contained  in  this article shall be so construed as to prevent any
person, firm or corporation from selling or otherwise  transferring  any
material  containing  such  name, portrait, picture or voice in whatever
medium to any user of such name, portrait, picture or voice, or  to  any
third  party for sale or transfer directly or indirectly to such a user,
for use in a manner lawful under this article; nothing contained in this
article shall be so construed as to prevent any person, firm  or  corpo-
ration,  practicing the profession of photography, from exhibiting in or
about his or its establishment specimens of the work of such  establish-
ment,  unless  the same is continued by such person, firm or corporation
after written notice objecting thereto has  been  given  by  the  person

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07729-02-5
              

A. 3576                             2

portrayed;  and  nothing contained in this article shall be so construed
as to prevent any person, firm  or  corporation  from  using  the  name,
portrait,  picture  or voice of any manufacturer or dealer in connection
with the goods, wares and merchandise manufactured, produced or dealt in
by  him  which  he  has  sold  or  disposed of with such name, portrait,
picture or voice used in connection therewith; or from using  the  name,
portrait,  picture  or  voice  of  any  author,  composer  or  artist in
connection with his literary, musical or artistic productions  which  he
has  sold or disposed of with such name, portrait, picture or voice used
in connection therewith.   Nothing contained in this  section  shall  be
construed  to  prohibit  the  copyright  owner of a sound recording from
disposing of, dealing in, licensing or selling that sound  recording  to
any  party,  if  the  right to dispose of, deal in, license or sell such
sound recording has been conferred by contract or other written document
by such living person or the holder of such right. Nothing contained  in
the  foregoing  sentence  shall be deemed to abrogate or otherwise limit
any rights or remedies otherwise conferred by federal law or state law.
  2. (A) ANY PERSON WHO IS A  SUBJECT  OF  UNLAWFUL  SURVEILLANCE  BY  A
PERSON  MAY  MAINTAIN  AN  EQUITABLE ACTION IN THE SUPREME COURT OF THIS
STATE AGAINST THE PERSON RESPONSIBLE FOR THE  UNLAWFUL  SURVEILLANCE  TO
PREVENT  AND  RESTRAIN  SUCH  SURVEILLANCE  AND MAY ALSO SUE AND RECOVER
DAMAGES FOR ANY INJURIES SUSTAINED BY REASON OF  SUCH  SURVEILLANCE  AND
THE JURY, IN ITS DISCRETION, MAY AWARD EXEMPLARY DAMAGES.
  (B)  A  PERSON  IS  A  SUBJECT  OF  UNLAWFUL SURVEILLANCE WHEN ANOTHER
PERSON:
  (1) FOR SUCH OTHER PERSON'S OWN, OR ANOTHER PERSON'S AMUSEMENT, ENTER-
TAINMENT, OR PROFIT, OR FOR  THE  PURPOSE  OF  DEGRADING  OR  ABUSING  A
PERSON, THE PERSON INTENTIONALLY USES OR INSTALLS, OR PERMITS THE UTILI-
ZATION  OR  INSTALLATION  OF  AN IMAGING DEVICE TO SURREPTITIOUSLY VIEW,
BROADCAST OR RECORD A PERSON DRESSING OR UNDRESSING  OR  THE  SEXUAL  OR
OTHER INTIMATE PARTS OF SUCH PERSON AT A PLACE AND TIME WHEN SUCH PERSON
HAS A REASONABLE EXPECTATION OF PRIVACY, WITHOUT SUCH PERSON'S KNOWLEDGE
OR CONSENT; OR
  (2) FOR SUCH OTHER PERSON'S OWN, OR ANOTHER PERSON'S SEXUAL AROUSAL OR
SEXUAL  GRATIFICATION,  THE  PERSON  INTENTIONALLY  USES OF INSTALLS, OR
PERMITS THE UTILIZATION OR INSTALLATION OF AN IMAGING DEVICE TO  SURREP-
TITIOUSLY  VIEW,  BROADCAST OR RECORD A PERSON DRESSING OR UNDRESSING OR
THE SEXUAL OR OTHER INTIMATE PARTS OF SUCH PERSON AT A  PLACE  AND  TIME
WHEN  SUCH  PERSON HAS A REASONABLE EXPECTATION OF PRIVACY, WITHOUT SUCH
PERSON'S KNOWLEDGE OR CONSENT; OR
  (3) (I) FOR NO LEGITIMATE PURPOSE,  A  PERSON  INTENTIONALLY  USES  OR
INSTALLS,  OR  PERMITS  THE  UTILIZATION  OR  INSTALLATION OF AN IMAGING
DEVICE TO SURREPTITIOUSLY VIEW,  BROADCAST  OR  RECORD  A  PERSON  IN  A
BEDROOM,  CHANGING ROOM, FITTING ROOM, RESTROOM, TOILET, BATHROOM, WASH-
ROOM, SHOWER TO ANY ROOM ASSIGNED TO GUESTS OR PATRONS IN A MOTEL, HOTEL
OR INN, WITHOUT SUCH PERSON'S KNOWLEDGE OR CONSENT.
  (II) FOR PURPOSES OF THIS SUBDIVISION, WHEN A PERSON USES OR INSTALLS,
OR PERMITS THE UTILIZATION OR INSTALLATION OF AN  IMAGING  DEVICE  IN  A
BEDROOM,  CHANGING ROOM, FITTING ROOM, RESTROOM, TOILET, BATHROOM, WASH-
ROOM, SHOWER OR ANY ROOM ASSIGNED TO GUESTS OR PATRONS IN A HOTEL, MOTEL
OR INN, THERE IS A REBUTTABLE PRESUMPTION THAT SUCH PERSON DID SO FOR NO
LEGITIMATE PURPOSE; OR
  (4) WITHOUT THE KNOWLEDGE OR CONSENT OF  A  PERSON,  A  PERSON  INTEN-
TIONALLY USES OR INSTALLS, OR PERMITS THE UTILIZATION OR INSTALLATION OF
AN  IMAGING  DEVICE  TO SURREPTITIOUSLY VIEW, BROADCAST OR RECORD, UNDER

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THE CLOTHING BEING WORN BY SUCH PERSON, THE  SEXUAL  OR  OTHER  INTIMATE
PARTS OF SUCH PERSON; OR
  (5) FOR SUCH OTHER PERSON'S OWN, OR ANOTHER PERSON'S AMUSEMENT, ENTER-
TAINMENT, PROFIT, SEXUAL AROUSAL OR GRATIFICATION, OR FOR THE PURPOSE OF
DEGRADING OR ABUSING A PERSON, THE PERSON INTENTIONALLY USES OR INSTALLS
OR  PERMITS  THE  UTILIZATION  OR  INSTALLATION  OF AN IMAGING DEVICE TO
SURREPTITIOUSLY VIEW, BROADCAST, OR RECORD ANOTHER PERSON  IN  AN  IDEN-
TIFIABLE  MANNER  ENGAGING IN SEXUAL CONDUCT, IN THE SAME IMAGE WITH THE
SEXUAL OR INTIMATE PART OF ANY OTHER PERSON, AT A PLACE  AND  TIME  WHEN
SUCH  PERSON  HAS  A REASONABLE EXPECTATION OF PRIVACY, AND WITHOUT SUCH
PERSON'S KNOWLEDGE OR CONSENT.
  (6) FOR PURPOSES OF THIS SUBDIVISION "PERSON"  SHALL  MEAN  A  PERSON,
FIRM OR CORPORATION.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.