S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8155
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 31, 2017
                                ___________
 
 Introduced  by  M. of A. MORELLE, WEINSTEIN -- read once and referred to
   the Committee on Judiciary
 
 AN ACT to amend the civil rights  law,  in  relation  to  the  right  of
   publicity;  and to amend the civil practice law and rules, in relation
   to the timeliness of commencement of an action for  violation  of  the
   right of publicity

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 50 of the civil rights law  is  renumbered  section
 50-f and a new section 50 is added to read as follows:
   §  50.  DEFINITIONS.    FOR THE PURPOSES OF SECTIONS FIFTY-F, FIFTY-G,
 FIFTY-H AND FIFTY-ONE OF THIS ARTICLE, THE FOLLOWING  TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   1. "CHARACTERISTIC" MEANS A DISTINCTIVE APPEARANCE, GESTURE OR MANNER-
 ISM RECOGNIZED AS AN IDENTIFYING ATTRIBUTE OF AN INDIVIDUAL.
   2.  "DECEASED  INDIVIDUAL"  MEANS ANY INDIVIDUAL, INCLUDING HIS OR HER
 NAME, VOICE, SIGNATURE OR LIKENESS, REGARDLESS OF THE INDIVIDUAL'S PLACE
 OF DOMICILE, RESIDENCE OR CITIZENSHIP AT THE TIME OF DEATH OR OTHERWISE,
 WHO HAS DIED.
   3. "SECRETARY" MEANS THE SECRETARY OF STATE.
   4. "FUND-RAISING" MEANS AN ORGANIZED ACTIVITY TO SOLICIT DONATIONS  OF
 MONEY  OR  OTHER GOODS OR SERVICES FROM PERSONS OR ENTITIES BY AN ORGAN-
 IZATION, COMPANY OR PUBLIC ENTITY.
   5. "INDIVIDUAL" MEANS A NATURAL PERSON, LIVING OR DEAD.
   6. "LIKENESS" MEANS AN IMAGE, PHOTOGRAPH, PAINTING, SKETCHING,  MODEL,
 DIAGRAM, OR OTHER RECOGNIZABLE REPRESENTATION OF AN INDIVIDUAL'S FACE OR
 BODY, AND INCLUDES A CHARACTERISTIC.
   7.  "NAME"  MEANS THE ACTUAL OR ASSUMED NAME, OR NICKNAME, OF A LIVING
 OR DECEASED INDIVIDUAL THAT IDENTIFIES THAT INDIVIDUAL.
   8. "PERSON" MEANS ANY NATURAL PERSON, FIRM, ASSOCIATION,  PARTNERSHIP,
 CORPORATION,  COMPANY,  SYNDICATE, RECEIVER, COMMON LAW TRUST, CONSERVA-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11384-02-7

 A. 8155                             2
 
 TOR, STATUTORY TRUST, OR ANY OTHER ENTITY  BY  WHATEVER  NAME  KNOWN  OR
 HOWEVER ORGANIZED, FORMED OR CREATED, AND INCLUDES NOT-FOR-PROFIT CORPO-
 RATIONS, ASSOCIATIONS, EDUCATIONAL AND RELIGIOUS INSTITUTIONS, POLITICAL
 PARTIES, AND COMMUNITY, CIVIC OR OTHER ORGANIZATIONS.
   9.  "PHOTOGRAPH"  MEANS  ANY  PHOTOGRAPH OR PHOTOGRAPHIC REPRODUCTION,
 STILL OR MOVING, OR ANY VIDEOTAPE,  ONLINE  OR  LIVE  TELEVISION  TRANS-
 MISSION, OF ANY INDIVIDUAL, IN WHICH THE INDIVIDUAL IS READILY IDENTIFI-
 ABLE.
   10.  "REGISTRATION TO ESTABLISH A CLAIM OF RIGHT" MEANS A REGISTRATION
 BY A PERSON CLAIMING TO BE A SUCCESSOR  IN  INTEREST  IN  THE  RIGHT  OF
 PUBLICITY OF A DECEASED INDIVIDUAL WITH THE DEPARTMENT OF STATE.
   11.  "SIGNATURE" MEANS A HANDWRITTEN OR OTHERWISE LEGALLY BINDING FORM
 OF AN INDIVIDUAL'S NAME, WRITTEN OR AUTHORIZED BY THAT INDIVIDUAL,  THAT
 DISTINGUISHES THE INDIVIDUAL FROM ALL OTHER INDIVIDUALS.
   §  2.  Section  50-f of the civil rights law, as relettered by section
 one of this act, is amended to read as follows:
   § 50-f. Right of [privacy] PUBLICITY FOR LIVING AND DECEASED  INDIVID-
 UALS. [A person, firm or corporation that uses for advertising purposes,
 or  for  the  purposes  of  trade,  the name, portrait or picture of any
 living person without having first obtained the written consent of  such
 person,  or  if a minor of his or her parent or guardian, is guilty of a
 misdemeanor.] A LIVING OR DECEASED INDIVIDUAL'S NAME,  VOICE,  SIGNATURE
 AND LIKENESS, INDIVIDUALLY AND COLLECTIVELY KNOWN AS HIS OR HER RIGHT OF
 PUBLICITY,  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 WAS
 ENTERED INTO OR EXECUTED BEFORE OR AFTER THE EFFECTIVE DATE OF THE CHAP-
 TER OF THE LAWS OF TWO THOUSAND SEVENTEEN WHICH  AMENDED  THIS  SECTION.
 SUCH  RIGHT OF PUBLICITY SHALL NOT BE USED WITHOUT OBTAINING THE WRITTEN
 CONSENT OF THE INDIVIDUAL, HIS OR HER SUCCESSORS OR ASSIGNS AS  PROVIDED
 FOR IN THE PROVISIONS OF THIS ARTICLE PERTAINING TO THE RIGHT OF PUBLIC-
 ITY OR, IN THE CASE OF A MINOR, OF HIS OR HER PARENT OR GUARDIAN.
   §  3.  The civil rights law is amended by adding two new sections 50-g
 and 50-h to read as follows:
   § 50-G. DURATION OF AN INDIVIDUAL'S RIGHT OF PUBLICITY. EVERY INDIVID-
 UAL'S RIGHT OF PUBLICITY SHALL CONTINUE TO EXIST FOR FORTY  YEARS  AFTER
 HIS  OR HER DEATH, AND DOES NOT EXPIRE UPON THE DEATH OF THE INDIVIDUAL,
 REGARDLESS OF WHETHER THE LAW OF THE DOMICILE, RESIDENCE OR  CITIZENSHIP
 OF THE INDIVIDUAL AT THE TIME OF DEATH OR OTHERWISE RECOGNIZES A SIMILAR
 OR IDENTICAL PROPERTY RIGHT.
   §  50-H.  METHODS OF TRANSFER AND CONVEYANCE. 1. THE RIGHTS RECOGNIZED
 UNDER THE PROVISIONS OF THIS ARTICLE PERTAINING TO THE RIGHT OF  PUBLIC-
 ITY ARE FREELY TRANSFERABLE AND DESCENDIBLE, IN WHOLE OR IN PART, BY THE
 FOLLOWING:
   (A) CONTRACT;
   (B) LICENSE;
   (C) GIFT;
   (D) TRUST;
   (E)  TESTAMENTARY DOCUMENT. THE RIGHTS SHALL VEST IN THE PERSONS ENTI-
 TLED TO THE RIGHT OF PUBLICITY UNDER THE TESTAMENTARY INSTRUMENT OF  THE
 DECEASED INDIVIDUAL EFFECTIVE AS OF THE DATE OF THAT INDIVIDUAL'S DEATH.
 IN  THE  ABSENCE  OF AN EXPRESS TRANSFER IN A TESTAMENTARY INSTRUMENT OF
 THE DECEASED INDIVIDUAL'S RIGHT OF PUBLICITY, A PROVISION IN THE  TESTA-
 MENTARY  INSTRUMENT  THAT PROVIDES FOR THE DISPOSITION OF THE RESIDUE OF
 THE DECEASED INDIVIDUAL'S ASSETS SHALL  BE  EFFECTIVE  TO  TRANSFER  THE

 A. 8155                             3
 
 RIGHTS  RECOGNIZED  UNDER  THIS  ARTICLE IN ACCORDANCE WITH THE TERMS OF
 THAT PROVISION; AND
   (F)  INTESTATE  SUCCESSION.  THE  RIGHT  TO PUBLICITY OF AN INDIVIDUAL
 DYING INTESTATE  SHALL  BE  DISTRIBUTED  UNDER  THE  LAWS  OF  INTESTATE
 SUCCESSION, AND THE RIGHTS AND REMEDIES OF THIS ARTICLE MAY BE EXERCISED
 AND  ENFORCED  BY  A  PERSON OR PERSONS WHO POSSESS AT LEAST A FIFTY-ONE
 PERCENT INTEREST OF THE INDIVIDUAL'S RIGHT OF  PUBLICITY.  SUCH  PERSONS
 SHALL  MAKE  A PROPORTIONAL ACCOUNTING TO, AND SHALL ACT AT ALL TIMES IN
 GOOD FAITH WITH RESPECT TO, ANY OTHER PERSON IN WHOM  THE  RIGHTS  BEING
 ENFORCED HAVE VESTED.
   2. THE RIGHTS ESTABLISHED BY THE PROVISIONS OF THIS ARTICLE PERTAINING
 TO THE RIGHT OF PUBLICITY SHALL ALSO BE FREELY TRANSFERABLE OR DESCENDI-
 BLE  BY  ANY  SUBSEQUENT  OWNER  OF  THE  DECEASED INDIVIDUAL'S RIGHT TO
 PUBLICITY AS RECOGNIZED BY THIS ARTICLE. NOTHING IN  THE  PROVISIONS  OF
 THIS  ARTICLE PERTAINING TO THE RIGHT OF PUBLICITY SHALL BE CONSTRUED TO
 RENDER INVALID OR UNENFORCEABLE ANY CONTRACT ENTERED INTO BY A  DECEASED
 INDIVIDUAL  DURING  HIS OR HER LIFETIME BY WHICH THE DECEASED INDIVIDUAL
 ASSIGNED THE RIGHTS, IN WHOLE OR IN PART, TO USE HIS  OR  HER  RIGHT  OF
 PUBLICITY AS DEFINED IN THIS ARTICLE.
   3.  IF  ANY  DECEASED  INDIVIDUAL  DOES NOT TRANSFER HIS OR HER RIGHTS
 UNDER THIS SECTION BY CONTRACT, LICENSE,  GIFT,  TRUST  OR  TESTAMENTARY
 DOCUMENT,  AND  THERE ARE NO SURVIVING PERSONS AS DESCRIBED IN PARAGRAPH
 (F) OF SUBDIVISION ONE OF THIS SECTION, THEN THE PROPERTY RIGHTS ASSOCI-
 ATED WITH THE DECEASED INDIVIDUAL'S RIGHT OF PUBLICITY SHALL TERMINATE.
   4. ANY PERSON CLAIMING TO BE A SUCCESSOR IN INTEREST TO THE  RIGHT  OF
 PUBLICITY OF A DECEASED INDIVIDUAL UNDER THIS ARTICLE OR A LICENSEE OF A
 DECEASED  INDIVIDUAL'S RIGHT OF PUBLICITY SHALL REGISTER THAT CLAIM WITH
 THE SECRETARY ON A FORM PRESCRIBED BY THE SECRETARY AND UPON PAYMENT  OF
 A  FEE  OF  FIFTY  DOLLARS.  THE FORM SHALL INCLUDE THE NAME AND DATE OF
 DEATH OF THE DECEASED INDIVIDUAL, THE NAME AND ADDRESS OF THE  CLAIMANT,
 THE  BASIS  OF THE CLAIM, AND A SWORN AFFIDAVIT UNDER PENALTY OF PERJURY
 AS TO THE RIGHTS CLAIMED. CLAIMS  REGISTERED  UNDER  THIS  REGISTRY  AND
 INFORMATION  REGARDING SUCH SUCCESSORS IN INTEREST TO THE DECEASED INDI-
 VIDUAL'S RIGHT OF PUBLICITY SHALL BE PUBLIC RECORDS.
   5. UPON RECEIPT AND AFTER FILING OF  ANY  DOCUMENT  PURSUANT  TO  THIS
 SECTION,  THE  SECRETARY  SHALL  POST THE DOCUMENT ALONG WITH THE ENTIRE
 REGISTRY OF PERSONS  CLAIMING  TO  BE  SUCCESSORS  IN  INTEREST  TO  THE
 DECEASED  INDIVIDUAL'S RIGHT OF PUBLICITY OR A REGISTERED LICENSEE UNDER
 THIS SECTION UPON AN INTERNET WEBSITE DEVELOPED  BY  THE  SECRETARY  FOR
 SUCH  PURPOSE. THE SECRETARY MAY REPRODUCE BY DIGITAL OR OTHER MEANS ANY
 OF THE FILINGS OR DOCUMENTS AND DESTROY THE ORIGINAL FILING OR DOCUMENT.
   6. THE SECRETARY IS AUTHORIZED TO PROMULGATE SUCH REGULATIONS AS HE OR
 SHE SHALL DEEM NECESSARY TO IMPLEMENT  THE  PROVISIONS  OF  SUBDIVISIONS
 FOUR AND FIVE OF THIS SECTION.
   7.  NO  ACTION  SHALL  BE BROUGHT UNDER THE PROVISIONS OF THIS ARTICLE
 PERTAINING TO THE RIGHT OF PUBLICITY BY REASON OF ANY USE OF A  DECEASED
 INDIVIDUAL'S  RIGHT  OF  PUBLICITY OCCURRING AFTER THE EXPIRATION OF THE
 DURATION OF THE RIGHT OF PUBLICITY AS PROVIDED  IN  SECTION  FIFTY-G  OF
 THIS ARTICLE. FURTHERMORE, NO ACTION MAY BE BROUGHT UNDER THE PROVISIONS
 OF  THIS ARTICLE PERTAINING TO THE RIGHT OF PUBLICITY FOR A VIOLATION OF
 A DECEASED INDIVIDUAL'S RIGHT OF PUBLICITY UNLESS THE  CLAIM  IS  REGIS-
 TERED AND POSTED ON THE SECRETARY'S PUBLIC INTERNET WEBSITE WITHIN FORTY
 YEARS OF SUCH INDIVIDUAL'S DEATH.
   8.  IF THERE IS A RIGHT OF PUBLICITY REGISTRATION FOR A DECEASED INDI-
 VIDUAL, ANY PERSON SEEKING TO LICENSE RIGHT OF PUBLICITY FOR  THE  INDI-
 VIDUAL  SHALL  HAVE THE RIGHT TO RELY UPON SUCH REGISTRATION AND POSTING

 A. 8155                             4
 
 AND THEREBY PRESUME THAT THE PERSON WHO HAS REGISTERED AND POSTED HIS OR
 HER CLAIM ON THE SECRETARY'S PUBLIC INTERNET WEBSITE HAS  THE  RIGHT  TO
 ASSIGN  OR  LICENSE  THE  DECEASED  INDIVIDUAL'S RIGHT OF PUBLICITY. THE
 REGISTRATION  AND POSTING OF A PERSON'S CLAIM TO A DECEASED INDIVIDUAL'S
 RIGHT OF PUBLICITY ON THE  SECRETARY'S  PUBLIC  INTERNET  WEBSITE  SHALL
 CONSTITUTE  A  DEFENSE TO AN ACTION BROUGHT UNDER THE PROVISIONS OF THIS
 ARTICLE PERTAINING TO THE RIGHT OF PUBLICITY.
   9. ANY PERSON WHO KNOWINGLY MAKES A FALSE OR FRAUDULENT REPRESENTATION
 IN CONNECTION WITH A REGISTRATION WITH  THE  SECRETARY  TO  ESTABLISH  A
 CLAIM  TO  A  DECEASED  INDIVIDUAL'S RIGHT OF PUBLICITY PURSUANT TO THIS
 SECTION SHALL BE LIABLE FOR ANY DAMAGES SUSTAINED AS  A  RESULT  OF  THE
 FALSE  OR  FRAUDULENT REGISTRATION AS DETERMINED BY A COURT OF COMPETENT
 JURISDICTION.
   10. ANY DOCUMENT FILED WITH THE SECRETARY, WHETHER SUCH DOCUMENT IS  A
 REPRODUCTION  OR  AN  ORIGINAL, MAY BE DESTROYED BY THE SECRETARY FORTY-
 SEVEN YEARS AFTER THE DEATH OF THE INDIVIDUAL WHOSE RIGHT  OF  PUBLICITY
 HAS  BEEN  REGISTERED  THEREIN.  THE SECRETARY SHALL REMOVE ANY DOCUMENT
 REGISTERED AND POSTED UPON THE PUBLIC INTERNET WEBSITE UPON SHOWING OF A
 COURT ORDER FROM A COURT OF COMPETENT JURISDICTION THAT A PERSON  CLAIM-
 ING  TO  BE  A SUCCESSOR IN INTEREST TO A DECEASED INDIVIDUAL'S RIGHT OF
 PUBLICITY HAS NO PROPERTY RIGHTS  IN  THE  RIGHT  OF  PUBLICITY  OF  THE
 DECEASED.
   11. NOTHING CONTAINED IN THE PROVISIONS OF THIS ARTICLE RELATED TO THE
 RIGHT  OF  PUBLICITY  SHALL BE DEEMED TO ABROGATE OR OTHERWISE LIMIT ANY
 RIGHTS OR REMEDIES OTHERWISE CONFERRED BY FEDERAL OR STATE LAW.
   § 4. Section 51 of the civil rights law, as amended by chapter 674  of
 the laws of 1995, is amended to read as follows:
   §  51.  Action  for injunction and for damages. 1. APPLICABILITY.  THE
 PROVISIONS OF THIS ARTICLE RELATED TO THE RIGHT OF PUBLICITY APPLY TO AN
 ACT OR EVENT THAT OCCURS WITHIN NEW YORK, REGARDLESS OF A DECEASED INDI-
 VIDUAL'S DOMICILE, RESIDENCE OR CITIZENSHIP.   FURTHERMORE,  THE  RIGHTS
 RECOGNIZED  UNDER THE PROVISIONS OF THIS ARTICLE PERTAINING TO THE RIGHT
 OF PUBLICITY, SHALL BE DEEMED TO EXIST AT THE TIME OF  DEATH  REGARDLESS
 OF THE DOMICILE, RESIDENCE OR CITIZENSHIP OF ANY DECEASED INDIVIDUAL.
   2.  EXCEPTIONS.  CONSENT  FOR  USE  OF  ANOTHER  INDIVIDUAL'S RIGHT OF
 PUBLICITY AS PROVIDED IN THE PROVISIONS OF THIS  ARTICLE  PERTAINING  TO
 THE  RIGHT  OF  PUBLICITY  SHALL NOT BE REQUIRED WHEN USED IN CONNECTION
 WITH THE FOLLOWING:
   (A) NEWS, PUBLIC AFFAIRS OR SPORTS BROADCAST, INCLUDING THE  PROMOTION
 OF AND ADVERTISING FOR A SPORTS BROADCAST, AN ACCOUNT OF PUBLIC INTEREST
 OR A POLITICAL CAMPAIGN;
   (B) IN:
   (I)  A  PLAY,  BOOK,  MAGAZINE, NEWSPAPER, MUSICAL COMPOSITION, VISUAL
 WORK, WORK OF ART, AUDIOVISUAL WORK, RADIO OR TELEVISION PROGRAM  IF  IT
 IS  FICTIONAL  OR NONFICTIONAL ENTERTAINMENT, OR A DRAMATIC, LITERARY OR
 MUSICAL WORK;
   (II) A WORK OF POLITICAL, PUBLIC INTEREST OR NEWSWORTHY VALUE  INCLUD-
 ING A COMMENT, CRITICISM, PARODY, SATIRE OR A TRANSFORMATIVE CREATION OF
 A WORK OF AUTHORSHIP; OR
   (III) AN ADVERTISEMENT OR COMMERCIAL ANNOUNCEMENT FOR ANY OF THE WORKS
 DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION OR THIS PARAGRAPH; OR
   (C)  USE  OF THE RIGHT OF PUBLICITY OF A DECEASED INDIVIDUAL WHERE THE
 LICENSEE OR SUCCESSOR IN INTEREST HAS FAILED  TO  REGISTER  AND  POST  A
 CLAIM  OF RIGHT UNDER SECTION FIFTY-H OF THIS ARTICLE UNTIL SUCH TIME AS
 A CLAIM OF RIGHT HAS BEEN REGISTERED AND POSTED AS REQUIRED  UNDER  SUCH
 SECTION.

 A. 8155                             5
 
   3. LIMITED IMMUNITY. OWNERS OR EMPLOYEES OF ANY MEDIUM USED FOR ADVER-
 TISING  INCLUDING,  BUT NOT LIMITED TO, NEWSPAPERS, MAGAZINES, RADIO AND
 TELEVISION NETWORKS AND STATIONS, CABLE TELEVISION SYSTEMS,  BILLBOARDS,
 AND  TRANSIT  ADS, BY WHOM ANY USE OF AN INDIVIDUAL'S RIGHT OF PUBLICITY
 FOR  COMMERCIAL  PURPOSES  IN  VIOLATION  OF  THAT INDIVIDUAL'S RIGHT OF
 PUBLICITY IS PUBLISHED OR DISSEMINATED, SHALL NOT BE  LIABLE  UNDER  THE
 PROVISIONS  OF  THIS ARTICLE PERTAINING TO THE RIGHT OF PUBLICITY UNLESS
 IT IS ESTABLISHED THAT THE OWNERS OR  EMPLOYEES  HAD  KNOWLEDGE  OF  THE
 UNAUTHORIZED  USE  AS  PROHIBITED  BY  THE  PROVISIONS  OF  THIS ARTICLE
 PERTAINING TO THE RIGHT OF PUBLICITY.
   4. ACTION FOR INJUNCTION AND  FOR  DAMAGES.  Any  [person]  INDIVIDUAL
 EITHER LIVING OR DECEASED whose [name, portrait, picture or voice] RIGHT
 OF  PUBLICITY  is  used within this state for advertising purposes [or],
 for the purposes of trade OR FOR PURPOSES OF FUND-RAISING  OR  SOLICITA-
 TION OF DONATIONS, without the written consent first obtained as [above]
 provided [may] IN THE PROVISIONS OF THIS ARTICLE PERTAINING TO THE RIGHT
 OF  PUBLICITY  IS ENTITLED TO maintain an equitable action FOR VIOLATION
 OF THE INDIVIDUAL'S RIGHT OF PUBLICITY in  the  supreme  court  of  this
 state  against  the  person[,  firm  or corporation] so using his [name,
 portrait, picture or voice] OR HER RIGHT OF PUBLICITY,  to  prevent  and
 restrain  the  use thereof; and may also sue and recover damages for any
 injuries sustained INCLUDING AN AMOUNT EQUAL TO  THE  GREATER  OF  SEVEN
 HUNDRED  FIFTY DOLLARS OR COMPENSATORY DAMAGES by reason of such use and
 if  the  defendant  shall  have  knowingly  used  such  person's  [name,
 portrait,  picture  or  voice]  RIGHT  OF PUBLICITY in such manner as is
 forbidden or declared to be unlawful by [section fifty]  THE  PROVISIONS
 of this article RELATING TO THE RIGHT OF PUBLICITY, the [jury] FINDER OF
 FACT,  in  its  discretion, may award exemplary damages. [But nothing] A
 VIOLATION OF AN INDIVIDUAL'S RIGHT OF PUBLICITY MAY OCCUR WITHOUT REGARD
 TO WHETHER THE USE OR ACTIVITY IS FOR PROFIT OR NOT-FOR-PROFIT.
   5. NO DEFENSE. IT SHALL NOT CONSTITUTE A  DEFENSE  TO  AN  ACTION  FOR
 VIOLATION  OF  AN  INDIVIDUAL'S  RIGHT  OF PUBLICITY THAT SUCH VIOLATION
 INCLUDES MORE THAN ONE INDIVIDUAL.
   6. USE AND TRANSFER.  NOTHING contained in this article  shall  be  so
 construed  as to prevent any [person, firm or corporation] INDIVIDUAL OR
 PERSON from selling or otherwise transferring  any  material  containing
 such  [name,  portrait, picture or voice] RIGHT OF PUBLICITY AS PROVIDED
 IN THE PROVISIONS OF THIS ARTICLE RELATING TO THE RIGHT OF PUBLICITY  in
 whatever  medium  to any user of such [name, portrait, picture or voice]
 RIGHT OF PUBLICITY, 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].
   7. PHOTOGRAPHERS. NOTHING  contained  in  this  article  shall  be  so
 construed  as  to  prevent any person[, firm or corporation,] practicing
 the profession of photography, from exhibiting [in or about his  or  its
 establishment]  specimens  of the work of such [establishment] PHOTOGRA-
 PHER, unless the same is continued by such person[, firm or corporation]
 after written notice objecting thereto has been given  by  the  [person]
 INDIVIDUAL portrayed[; and nothing].
   8. MANUFACTURERS, WRITERS, COMPOSERS AND ARTISTS. 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]  RIGHT
 OF  PUBLICITY OWNED BY any manufacturer or dealer in connection with the
 goods, wares and merchandise manufactured, produced or dealt in by [him]
 THE MANUFACTURER which [he] has BEEN  sold  or  disposed  of  with  such
 [name, portrait, picture or voice] RIGHT OF PUBLICITY used in connection

 A. 8155                             6
 
 therewith; or from using the [name, portrait, picture or voice] RIGHT OF
 PUBLICITY  of  any  author, composer or artist in connection with his OR
 HER literary, musical or artistic productions which he OR SHE  has  sold
 or  disposed  of  with  such [name, portrait, picture or voice] RIGHT OF
 PUBLICITY used in connection therewith.
   9. COPYRIGHT OWNERS OF A SOUND RECORDING. 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 writ-
 ten 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.]
   10. TERMINATION OF POST MORTEM RIGHT  OF  PUBLICITY.  NOTHING  IN  THE
 PROVISIONS OF THIS ARTICLE PERTAINING TO THE RIGHT OF PUBLICITY SHALL BE
 CONSTRUED  AS  PROHIBITING THE USE OF THE DECEASED INDIVIDUAL'S RIGHT OF
 PUBLICITY THAT OCCURS AFTER THE EXPIRATION OF FORTY YEARS FOLLOWING  HIS
 OR  HER  DEATH.    NOR  SHALL ANYTHING IN THE PROVISIONS OF THIS ARTICLE
 PERTAINING TO THE RIGHT OF PUBLICITY BE CONSTRUED AS CREATING  LIABILITY
 OR  GIVING  RISE  TO ANY REMEDY FOR ANY ACTIONS OR CONDUCT INVOLVING THE
 USE OF A DECEASED INDIVIDUAL'S RIGHT OF PUBLICITY THAT OCCURRED PRIOR TO
 THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND  SEVENTEEN
 WHICH AMENDED THIS SECTION.
   11.  STATUTE  OF  LIMITATIONS. ACTIONS BROUGHT UNDER THE PROVISIONS OF
 THIS ARTICLE PERTAINING TO THE RIGHT OF  PUBLICITY  SHALL  BE  COMMENCED
 WITHIN  ONE YEAR OF THE DATE OF DISCOVERY OF THE INJURY TO THE PLAINTIFF
 OR FROM THE DATE THROUGH THE  EXERCISE  OF  DUE  DILIGENCE  SUCH  INJURY
 SHOULD HAVE BEEN DISCOVERED BY THE PLAINTIFF, WHICHEVER IS EARLIER.
   § 5. The section heading and subdivision 3 of section 215 of the civil
 practice law and rules are amended to read as follows:
   Actions  to  be commenced within one year: against sheriff, coroner or
 constable; for escape of prisoner; for assault, battery, false imprison-
 ment, malicious prosecution, libel or slander; for violation of right of
 [privacy] PUBLICITY; for  penalty  given  to  informer;  on  arbitration
 award.
   3.  an action to recover damages for assault, battery, false imprison-
 ment, malicious prosecution, libel, slander, false words causing special
 damages, or a violation  of  the  right  of  [privacy]  PUBLICITY  under
 [section fifty-one] ARTICLE FIVE of the civil rights law;
   § 6. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law, and shall apply to deceased individuals who
 died on or after such date.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8155--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 31, 2017
                                ___________
 
 Introduced  by  M. of A. MORELLE, WEINSTEIN -- read once and referred to
   the Committee on Judiciary -- reported and referred to  the  Committee
   on  Ways  and  Means  --  committee  discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the civil rights  law,  in  relation  to  the  right  of
   publicity;  and to amend the civil practice law and rules, in relation
   to the timeliness of commencement of an action for  violation  of  the
   right of publicity
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 50 of the civil rights law  is  renumbered  section
 50-f and a new section 50 is added to read as follows:
   §  50.  DEFINITIONS.    FOR THE PURPOSES OF SECTIONS FIFTY-F, FIFTY-G,
 FIFTY-H, FIFTY-I AND FIFTY-ONE OF  THIS  ARTICLE,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "CHARACTERISTIC" MEANS A DISTINCTIVE APPEARANCE, GESTURE OR MANNER-
 ISM RECOGNIZED AS AN IDENTIFYING ATTRIBUTE OF AN INDIVIDUAL.
   2.  "DECEASED  INDIVIDUAL"  MEANS ANY INDIVIDUAL, INCLUDING HIS OR HER
 NAME, VOICE, SIGNATURE OR LIKENESS, REGARDLESS OF THE INDIVIDUAL'S PLACE
 OF DOMICILE, RESIDENCE OR CITIZENSHIP AT THE TIME OF DEATH OR OTHERWISE,
 WHO HAS DIED.
   3. "SECRETARY" MEANS THE SECRETARY OF STATE.
   4. "FUND-RAISING" MEANS AN ORGANIZED ACTIVITY TO SOLICIT DONATIONS  OF
 MONEY  OR  OTHER GOODS OR SERVICES FROM PERSONS OR ENTITIES BY AN ORGAN-
 IZATION, COMPANY OR PUBLIC ENTITY.
   5. "INDIVIDUAL" MEANS A NATURAL PERSON, LIVING OR DEAD.
   6. "LIKENESS" MEANS AN IMAGE, DIGITAL REPLICA,  PHOTOGRAPH,  PAINTING,
 SKETCHING,  MODEL,  DIAGRAM,  OR OTHER RECOGNIZABLE REPRESENTATION OF AN
 INDIVIDUAL'S FACE OR BODY, AND INCLUDES A  CHARACTERISTIC.    A  DIGITAL
 REPLICA  IS  A COMPUTER-GENERATED OR ELECTRONIC, PHOTO-REALISTIC REPROD-
 UCTION OF AN INDIVIDUAL'S LIKENESS, WHETHER ANIMATED OR STATIC.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11384-04-7

 A. 8155--A                          2
 
   7. "NAME" MEANS THE ACTUAL OR ASSUMED NAME, OR NICKNAME, OF  A  LIVING
 OR DECEASED INDIVIDUAL THAT IDENTIFIES THAT INDIVIDUAL.
   8.  "PERSON" MEANS ANY NATURAL PERSON, FIRM, ASSOCIATION, PARTNERSHIP,
 CORPORATION, COMPANY, SYNDICATE, RECEIVER, COMMON LAW  TRUST,  CONSERVA-
 TOR,  STATUTORY  TRUST,  OR  ANY  OTHER ENTITY BY WHATEVER NAME KNOWN OR
 HOWEVER ORGANIZED, FORMED OR CREATED, AND INCLUDES NOT-FOR-PROFIT CORPO-
 RATIONS, ASSOCIATIONS, EDUCATIONAL AND RELIGIOUS INSTITUTIONS, POLITICAL
 PARTIES, AND COMMUNITY, CIVIC OR OTHER ORGANIZATIONS.
   9. "PHOTOGRAPH" MEANS ANY  PHOTOGRAPH  OR  PHOTOGRAPHIC  REPRODUCTION,
 STILL  OR  MOVING,  OR  ANY  VIDEOTAPE, ONLINE OR LIVE TELEVISION TRANS-
 MISSION, OF ANY INDIVIDUAL, IN WHICH THE INDIVIDUAL IS READILY IDENTIFI-
 ABLE.
   10. "REGISTRATION TO ESTABLISH A CLAIM OF RIGHT" MEANS A  REGISTRATION
 BY  A  PERSON  CLAIMING  TO  BE  A SUCCESSOR IN INTEREST IN THE RIGHT OF
 PUBLICITY OF A DECEASED INDIVIDUAL WITH THE DEPARTMENT OF STATE.
   11.  "RIGHT OF PUBLICITY" INCLUDES THE RIGHT OF PRIVACY, AND MEANS  AN
 INDIVIDUAL'S  NAME,  VOICE,  SIGNATURE  AND  LIKENESS,  INDIVIDUALLY AND
 COLLECTIVELY KNOWN AS HIS OR HER RIGHT OF PUBLICITY.
   12.  "SIGNATURE" MEANS A HANDWRITTEN OR OTHERWISE LEGALLY BINDING FORM
 OF AN INDIVIDUAL'S NAME, WRITTEN OR AUTHORIZED BY THAT INDIVIDUAL,  THAT
 DISTINGUISHES THE INDIVIDUAL FROM ALL OTHER INDIVIDUALS.
   §  2.  Section  50-f of the civil rights law, as renumbered by section
 one of this act, is amended to read as follows:
   § 50-f. Right of [privacy] PUBLICITY FOR LIVING AND DECEASED  INDIVID-
 UALS. [A person, firm or corporation that uses for advertising purposes,
 or  for  the  purposes  of  trade,  the name, portrait or picture of any
 living person without having first obtained the written consent of  such
 person,  or  if a minor of his or her parent or guardian, is guilty of a
 misdemeanor.] A LIVING OR DECEASED INDIVIDUAL'S NAME,  VOICE,  SIGNATURE
 AND LIKENESS, INDIVIDUALLY AND COLLECTIVELY KNOWN AS HIS OR HER RIGHT OF
 PUBLICITY,  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 WAS
 ENTERED INTO OR EXECUTED BEFORE OR AFTER THE EFFECTIVE DATE OF THE CHAP-
 TER OF THE LAWS OF TWO THOUSAND SEVENTEEN WHICH  AMENDED  THIS  SECTION.
 SUCH  RIGHT OF PUBLICITY SHALL NOT BE USED WITHOUT OBTAINING THE WRITTEN
 CONSENT OF THE INDIVIDUAL, HIS OR HER SUCCESSORS OR ASSIGNS AS  PROVIDED
 FOR IN THE PROVISIONS OF THIS ARTICLE PERTAINING TO THE RIGHT OF PUBLIC-
 ITY OR, IN THE CASE OF A MINOR, OF HIS OR HER PARENT OR GUARDIAN.
   §  3.  The  civil  rights  law is amended by adding three new sections
 50-g, 50-h and 50-i to read as follows:
   § 50-G. DURATION OF AN INDIVIDUAL'S RIGHT OF PUBLICITY. EVERY INDIVID-
 UAL'S RIGHT OF PUBLICITY SHALL CONTINUE TO EXIST FOR FORTY  YEARS  AFTER
 HIS  OR HER DEATH, AND DOES NOT EXPIRE UPON THE DEATH OF THE INDIVIDUAL,
 REGARDLESS OF WHETHER THE LAW OF THE DOMICILE, RESIDENCE OR  CITIZENSHIP
 OF THE INDIVIDUAL AT THE TIME OF DEATH OR OTHERWISE RECOGNIZES A SIMILAR
 OR IDENTICAL PROPERTY RIGHT.
   §  50-H.  METHODS OF TRANSFER AND CONVEYANCE. 1. THE RIGHTS RECOGNIZED
 UNDER THE PROVISIONS OF THIS ARTICLE PERTAINING TO THE RIGHT OF  PUBLIC-
 ITY ARE FREELY TRANSFERABLE AND DESCENDIBLE, IN WHOLE OR IN PART, BY THE
 FOLLOWING:
   (A) CONTRACT;
   (B) LICENSE;
   (C) GIFT;
   (D) TRUST;

 A. 8155--A                          3
 
   (E)  TESTAMENTARY DOCUMENT. THE RIGHTS SHALL VEST IN THE PERSONS ENTI-
 TLED TO THE RIGHT OF PUBLICITY UNDER THE TESTAMENTARY INSTRUMENT OF  THE
 DECEASED INDIVIDUAL EFFECTIVE AS OF THE DATE OF THAT INDIVIDUAL'S DEATH.
 IN  THE  ABSENCE  OF AN EXPRESS TRANSFER IN A TESTAMENTARY INSTRUMENT OF
 THE  DECEASED INDIVIDUAL'S RIGHT OF PUBLICITY, A PROVISION IN THE TESTA-
 MENTARY INSTRUMENT THAT PROVIDES FOR THE DISPOSITION OF THE  RESIDUE  OF
 THE  DECEASED  INDIVIDUAL'S  ASSETS  SHALL  BE EFFECTIVE TO TRANSFER THE
 RIGHTS RECOGNIZED UNDER THIS ARTICLE IN ACCORDANCE  WITH  THE  TERMS  OF
 THAT PROVISION; AND
   (F)  INTESTATE  SUCCESSION.  THE  RIGHT  TO PUBLICITY OF AN INDIVIDUAL
 DYING INTESTATE  SHALL  BE  DISTRIBUTED  UNDER  THE  LAWS  OF  INTESTATE
 SUCCESSION, AND THE RIGHTS AND REMEDIES OF THIS ARTICLE MAY BE EXERCISED
 AND  ENFORCED  BY  A  PERSON OR PERSONS WHO POSSESS AT LEAST A FIFTY-ONE
 PERCENT INTEREST OF THE INDIVIDUAL'S RIGHT OF  PUBLICITY.  SUCH  PERSONS
 SHALL  MAKE  A PROPORTIONAL ACCOUNTING TO, AND SHALL ACT AT ALL TIMES IN
 GOOD FAITH WITH RESPECT TO, ANY OTHER PERSON IN WHOM  THE  RIGHTS  BEING
 ENFORCED HAVE VESTED.
   2. THE RIGHTS ESTABLISHED BY THE PROVISIONS OF THIS ARTICLE PERTAINING
 TO THE RIGHT OF PUBLICITY SHALL ALSO BE FREELY TRANSFERABLE OR DESCENDI-
 BLE  BY  ANY  SUBSEQUENT  OWNER  OF  THE  DECEASED INDIVIDUAL'S RIGHT TO
 PUBLICITY AS RECOGNIZED BY THIS ARTICLE. NOTHING IN  THE  PROVISIONS  OF
 THIS  ARTICLE PERTAINING TO THE RIGHT OF PUBLICITY SHALL BE CONSTRUED TO
 RENDER INVALID OR UNENFORCEABLE ANY CONTRACT ENTERED INTO BY A  DECEASED
 INDIVIDUAL  DURING  HIS OR HER LIFETIME BY WHICH THE DECEASED INDIVIDUAL
 ASSIGNED THE RIGHTS, IN WHOLE OR IN PART, TO USE HIS  OR  HER  RIGHT  OF
 PUBLICITY AS DEFINED IN THIS ARTICLE.
   3.  IF  ANY  DECEASED  INDIVIDUAL  DOES NOT TRANSFER HIS OR HER RIGHTS
 UNDER THIS SECTION BY CONTRACT, LICENSE,  GIFT,  TRUST  OR  TESTAMENTARY
 DOCUMENT,  AND  THERE ARE NO SURVIVING PERSONS AS DESCRIBED IN PARAGRAPH
 (F) OF SUBDIVISION ONE OF THIS SECTION, THEN THE PROPERTY RIGHTS ASSOCI-
 ATED WITH THE DECEASED INDIVIDUAL'S RIGHT OF PUBLICITY SHALL TERMINATE.
   4. ANY PERSON CLAIMING TO BE A SUCCESSOR IN INTEREST TO THE  RIGHT  OF
 PUBLICITY OF A DECEASED INDIVIDUAL UNDER THIS ARTICLE OR A LICENSEE OF A
 DECEASED  INDIVIDUAL'S RIGHT OF PUBLICITY SHALL REGISTER THAT CLAIM WITH
 THE SECRETARY ON A FORM PRESCRIBED BY THE SECRETARY AND UPON PAYMENT  OF
 A  FEE  OF  FIFTY  DOLLARS.  THE FORM SHALL INCLUDE THE NAME AND DATE OF
 DEATH OF THE DECEASED INDIVIDUAL, THE NAME AND ADDRESS OF THE  CLAIMANT,
 THE  BASIS  OF THE CLAIM, AND A SWORN AFFIDAVIT UNDER PENALTY OF PERJURY
 AS TO THE RIGHTS CLAIMED. CLAIMS  REGISTERED  UNDER  THIS  REGISTRY  AND
 INFORMATION  REGARDING SUCH SUCCESSORS IN INTEREST TO THE DECEASED INDI-
 VIDUAL'S RIGHT OF PUBLICITY SHALL BE PUBLIC RECORDS.
   5. UPON RECEIPT AND AFTER FILING OF  ANY  DOCUMENT  PURSUANT  TO  THIS
 SECTION,  THE  SECRETARY  SHALL  POST THE DOCUMENT ALONG WITH THE ENTIRE
 REGISTRY OF PERSONS  CLAIMING  TO  BE  SUCCESSORS  IN  INTEREST  TO  THE
 DECEASED  INDIVIDUAL'S RIGHT OF PUBLICITY OR A REGISTERED LICENSEE UNDER
 THIS SECTION UPON AN INTERNET WEBSITE DEVELOPED  BY  THE  SECRETARY  FOR
 SUCH  PURPOSE. THE SECRETARY MAY REPRODUCE BY DIGITAL OR OTHER MEANS ANY
 OF THE FILINGS OR DOCUMENTS AND DESTROY THE ORIGINAL FILING OR DOCUMENT.
   6. THE SECRETARY IS AUTHORIZED TO PROMULGATE SUCH REGULATIONS AS HE OR
 SHE SHALL DEEM NECESSARY TO IMPLEMENT  THE  PROVISIONS  OF  SUBDIVISIONS
 FOUR AND FIVE OF THIS SECTION.
   7.  NO  ACTION  SHALL  BE BROUGHT UNDER THE PROVISIONS OF THIS ARTICLE
 PERTAINING TO THE RIGHT OF PUBLICITY BY REASON OF ANY USE OF A  DECEASED
 INDIVIDUAL'S  RIGHT  OF  PUBLICITY OCCURRING AFTER THE EXPIRATION OF THE
 DURATION OF THE RIGHT OF PUBLICITY AS PROVIDED  IN  SECTION  FIFTY-G  OF
 THIS ARTICLE. FURTHERMORE, NO ACTION MAY BE BROUGHT UNDER THE PROVISIONS

 A. 8155--A                          4

 OF  THIS ARTICLE PERTAINING TO THE RIGHT OF PUBLICITY FOR A VIOLATION OF
 A DECEASED INDIVIDUAL'S RIGHT OF PUBLICITY UNLESS THE  CLAIM  IS  REGIS-
 TERED AND POSTED ON THE SECRETARY'S PUBLIC INTERNET WEBSITE WITHIN FORTY
 YEARS OF SUCH INDIVIDUAL'S DEATH.
   8.  IF THERE IS A RIGHT OF PUBLICITY REGISTRATION FOR A DECEASED INDI-
 VIDUAL, ANY PERSON SEEKING TO LICENSE RIGHT OF PUBLICITY FOR  THE  INDI-
 VIDUAL  SHALL  HAVE THE RIGHT TO RELY UPON SUCH REGISTRATION AND POSTING
 AND THEREBY PRESUME THAT THE PERSON WHO HAS REGISTERED AND POSTED HIS OR
 HER CLAIM ON THE SECRETARY'S PUBLIC INTERNET WEBSITE HAS  THE  RIGHT  TO
 ASSIGN  OR  LICENSE  THE  DECEASED  INDIVIDUAL'S RIGHT OF PUBLICITY. THE
 REGISTRATION AND POSTING OF A PERSON'S CLAIM TO A DECEASED  INDIVIDUAL'S
 RIGHT  OF  PUBLICITY  ON  THE  SECRETARY'S PUBLIC INTERNET WEBSITE SHALL
 CONSTITUTE A DEFENSE TO AN ACTION BROUGHT UNDER THE PROVISIONS  OF  THIS
 ARTICLE PERTAINING TO THE RIGHT OF PUBLICITY.
   9. ANY PERSON WHO KNOWINGLY MAKES A FALSE OR FRAUDULENT REPRESENTATION
 IN  CONNECTION  WITH  A  REGISTRATION  WITH THE SECRETARY TO ESTABLISH A
 CLAIM TO A DECEASED INDIVIDUAL'S RIGHT OF  PUBLICITY  PURSUANT  TO  THIS
 SECTION  SHALL  BE  LIABLE  FOR ANY DAMAGES SUSTAINED AS A RESULT OF THE
 FALSE OR FRAUDULENT REGISTRATION AS DETERMINED BY A COURT  OF  COMPETENT
 JURISDICTION.
   10.  ANY DOCUMENT FILED WITH THE SECRETARY, WHETHER SUCH DOCUMENT IS A
 REPRODUCTION OR AN ORIGINAL, MAY BE DESTROYED BY  THE  SECRETARY  FORTY-
 SEVEN  YEARS  AFTER THE DEATH OF THE INDIVIDUAL WHOSE RIGHT OF PUBLICITY
 HAS BEEN REGISTERED THEREIN. THE SECRETARY  SHALL  REMOVE  ANY  DOCUMENT
 REGISTERED AND POSTED UPON THE PUBLIC INTERNET WEBSITE UPON SHOWING OF A
 COURT  ORDER FROM A COURT OF COMPETENT JURISDICTION THAT A PERSON CLAIM-
 ING TO BE A SUCCESSOR IN INTEREST TO A DECEASED  INDIVIDUAL'S  RIGHT  OF
 PUBLICITY  HAS  NO  PROPERTY  RIGHTS  IN  THE  RIGHT OF PUBLICITY OF THE
 DECEASED.
   § 50-I. NO ABROGATION OF RIGHTS AND REMEDIES. NOTHING CONTAINED IN THE
 PROVISIONS OF THIS ARTICLE RELATED TO THE RIGHT OF  PUBLICITY  SHALL  BE
 DEEMED  TO  ABROGATE OR OTHERWISE LIMIT ANY RIGHTS OR REMEDIES OTHERWISE
 CONFERRED BY FEDERAL OR STATE LAW.
   § 4. Section 51 of the civil rights law, as amended by chapter 674  of
 the laws of 1995, is amended to read as follows:
   §  51.  Action  for injunction and for damages. 1. APPLICABILITY.  THE
 PROVISIONS OF THIS ARTICLE RELATED TO THE RIGHT OF PUBLICITY APPLY TO AN
 ACT OR EVENT THAT OCCURS WITHIN NEW YORK, REGARDLESS OF A DECEASED INDI-
 VIDUAL'S DOMICILE, RESIDENCE OR CITIZENSHIP.   FURTHERMORE,  THE  RIGHTS
 RECOGNIZED  UNDER THE PROVISIONS OF THIS ARTICLE PERTAINING TO THE RIGHT
 OF PUBLICITY, SHALL BE DEEMED TO EXIST AT THE TIME OF  DEATH  REGARDLESS
 OF THE DOMICILE, RESIDENCE OR CITIZENSHIP OF ANY DECEASED INDIVIDUAL.
   2.  EXCEPTIONS.  CONSENT  FOR  USE  OF  ANOTHER  INDIVIDUAL'S RIGHT OF
 PUBLICITY AS PROVIDED IN THE PROVISIONS OF THIS  ARTICLE  PERTAINING  TO
 THE  RIGHT  OF  PUBLICITY  SHALL NOT BE REQUIRED WHEN USED IN CONNECTION
 WITH THE FOLLOWING:
   (A) NEWS, PUBLIC AFFAIRS OR SPORTS BROADCAST, INCLUDING THE  PROMOTION
 OF  AND ADVERTISING FOR A PUBLIC AFFAIRS OR SPORTS BROADCAST, AN ACCOUNT
 OF PUBLIC INTEREST OR A POLITICAL CAMPAIGN;
   (B) IN:
   (I) A PLAY, BOOK, MAGAZINE,  NEWSPAPER,  MUSICAL  COMPOSITION,  VISUAL
 WORK,  WORK  OF ART, AUDIOVISUAL WORK, RADIO OR TELEVISION PROGRAM IF IT
 IS FICTIONAL OR NONFICTIONAL ENTERTAINMENT, OR A DRAMATIC,  LITERARY  OR
 MUSICAL WORK;

 A. 8155--A                          5

   (II)  A WORK OF POLITICAL, PUBLIC INTEREST OR NEWSWORTHY VALUE INCLUD-
 ING A COMMENT, CRITICISM, PARODY, SATIRE OR A TRANSFORMATIVE CREATION OF
 A WORK OF AUTHORSHIP; OR
   (III) AN ADVERTISEMENT OR COMMERCIAL ANNOUNCEMENT FOR ANY OF THE WORKS
 DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION OR THIS PARAGRAPH; OR
   (C)  USE  OF THE RIGHT OF PUBLICITY OF A DECEASED INDIVIDUAL WHERE THE
 LICENSEE OR SUCCESSOR IN INTEREST HAS FAILED  TO  REGISTER  AND  POST  A
 CLAIM  OF RIGHT UNDER SECTION FIFTY-H OF THIS ARTICLE UNTIL SUCH TIME AS
 A CLAIM OF RIGHT HAS BEEN REGISTERED AND POSTED AS REQUIRED  UNDER  SUCH
 SECTION.
   (D)  HOWEVER,  SUBJECT  TO  THE  FIRST  AMENDMENT OF THE UNITED STATES
 CONSTITUTION AND SECTION EIGHT OF ARTICLE ONE  OF  THE  NEW  YORK  STATE
 CONSTITUTION, A WORK THAT IS EXEMPT UNDER THIS SUBDIVISION THAT INCLUDES
 A  COMMERCIAL  USE AND REPLICATES THE PROFESSIONAL PERFORMANCE OR ACTIV-
 ITIES RENDERED BY AN INDIVIDUAL, SHALL NOT BE EXEMPT UNDER THIS SUBDIVI-
 SION WHERE THE REPLICATION IS INEXTRICABLY INTERTWINED WITH THE RIGHT OF
 PUBLICITY OF SUCH INDIVIDUAL.
   3. LIMITED IMMUNITY. OWNERS OR EMPLOYEES OF ANY MEDIUM USED FOR ADVER-
 TISING INCLUDING, BUT NOT LIMITED TO, NEWSPAPERS, MAGAZINES,  RADIO  AND
 TELEVISION  NETWORKS AND STATIONS, CABLE TELEVISION SYSTEMS, BILLBOARDS,
 AND TRANSIT ADS, BY WHOM ANY USE OF AN INDIVIDUAL'S RIGHT  OF  PUBLICITY
 FOR  COMMERCIAL  PURPOSES  IN  VIOLATION  OF  THAT INDIVIDUAL'S RIGHT OF
 PUBLICITY IS PUBLISHED OR DISSEMINATED, SHALL NOT BE  LIABLE  UNDER  THE
 PROVISIONS  OF  THIS ARTICLE PERTAINING TO THE RIGHT OF PUBLICITY UNLESS
 IT IS ESTABLISHED THAT THE OWNERS OR  EMPLOYEES  HAD  KNOWLEDGE  OF  THE
 UNAUTHORIZED  USE  AS  PROHIBITED  BY  THE  PROVISIONS  OF  THIS ARTICLE
 PERTAINING TO THE RIGHT OF PUBLICITY.
   4. ACTION FOR INJUNCTION AND  FOR  DAMAGES.  Any  [person]  INDIVIDUAL
 EITHER LIVING OR DECEASED whose [name, portrait, picture or voice] RIGHT
 OF  PUBLICITY  is  used within this state for advertising purposes [or],
 for the purposes of trade OR FOR PURPOSES OF FUND-RAISING  OR  SOLICITA-
 TION OF DONATIONS, without the written consent first obtained as [above]
 provided [may] IN THE PROVISIONS OF THIS ARTICLE PERTAINING TO THE RIGHT
 OF  PUBLICITY  IS ENTITLED TO maintain an equitable action FOR VIOLATION
 OF THE INDIVIDUAL'S RIGHT OF PUBLICITY in  the  supreme  court  of  this
 state  against  the  person[,  firm  or corporation] so using his [name,
 portrait, picture or voice] OR HER RIGHT OF PUBLICITY,  to  prevent  and
 restrain  the  use thereof; and may also sue and recover damages for any
 injuries sustained INCLUDING AN AMOUNT EQUAL TO  THE  GREATER  OF  SEVEN
 HUNDRED  FIFTY DOLLARS OR COMPENSATORY DAMAGES by reason of such use and
 if  the  defendant  shall  have  knowingly  used  such  person's  [name,
 portrait,  picture  or  voice]  RIGHT  OF PUBLICITY in such manner as is
 forbidden or declared to be unlawful by [section fifty]  THE  PROVISIONS
 of this article RELATING TO THE RIGHT OF PUBLICITY, the [jury] FINDER OF
 FACT,  in  its  discretion, may award exemplary damages. [But nothing] A
 VIOLATION OF AN INDIVIDUAL'S RIGHT OF PUBLICITY MAY OCCUR WITHOUT REGARD
 TO WHETHER THE USE OR ACTIVITY IS FOR PROFIT OR NOT-FOR-PROFIT WITH  THE
 EXCEPTION  OF  THE  USE  OF AN INDIVIDUAL'S RIGHT OF PUBLICITY FOR FUND-
 RAISING  PURPOSES  BY  NOT-FOR-PROFIT  RADIO  AND  TELEVISION   STATIONS
 LICENSED BY THE FEDERAL COMMUNICATIONS COMMISSION OF THE UNTIED STATES.
   5.  NO  DEFENSE.  IT  SHALL  NOT CONSTITUTE A DEFENSE TO AN ACTION FOR
 VIOLATION OF AN INDIVIDUAL'S RIGHT  OF  PUBLICITY  THAT  SUCH  VIOLATION
 INCLUDES MORE THAN ONE INDIVIDUAL.
   6.  USE  AND TRANSFER.   NOTHING contained in this article shall be so
 construed as to prevent any [person, firm or corporation] INDIVIDUAL  OR
 PERSON  from  selling  or otherwise transferring any material containing

 A. 8155--A                          6
 
 such [name, portrait, picture or voice] RIGHT OF PUBLICITY  AS  PROVIDED
 IN  THE PROVISIONS OF THIS ARTICLE RELATING TO THE RIGHT OF PUBLICITY in
 whatever medium to any user of such [name, portrait, picture  or  voice]
 RIGHT  OF PUBLICITY, 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].
   7.  PHOTOGRAPHERS.  NOTHING  contained  in  this  article  shall be so
 construed as to prevent any person[, firm  or  corporation,]  practicing
 the  profession  of photography, from exhibiting [in or about his or its
 establishment] specimens of the work of such  [establishment]  PHOTOGRA-
 PHER, unless the same is continued by such person[, firm or corporation]
 after  written  notice  objecting thereto has been given by the [person]
 INDIVIDUAL portrayed[; and nothing].
   8. MANUFACTURERS, WRITERS, COMPOSERS AND ARTISTS. 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] RIGHT
 OF PUBLICITY OWNED BY any manufacturer or dealer in connection with  the
 goods, wares and merchandise manufactured, produced or dealt in by [him]
 THE  MANUFACTURER  which  [he]  has  BEEN  sold or disposed of with such
 [name, portrait, picture or voice] RIGHT OF PUBLICITY used in connection
 therewith; or from using the [name, portrait, picture or voice] RIGHT OF
 PUBLICITY of any author, composer or artist in connection  with  his  OR
 HER  literary,  musical or artistic productions which he OR SHE has sold
 or disposed of with such [name, portrait, picture  or  voice]  RIGHT  OF
 PUBLICITY used in connection therewith.
   9.  COPYRIGHT  OWNERS  OF A SOUND RECORDING. 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  writ-
 ten 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.]
   10.  TERMINATION  OF  POST  MORTEM  RIGHT OF PUBLICITY. NOTHING IN THE
 PROVISIONS OF THIS ARTICLE PERTAINING TO THE RIGHT OF PUBLICITY SHALL BE
 CONSTRUED AS PROHIBITING THE USE OF THE DECEASED INDIVIDUAL'S  RIGHT  OF
 PUBLICITY  THAT OCCURS AFTER THE EXPIRATION OF FORTY YEARS FOLLOWING HIS
 OR HER DEATH.   NOR SHALL ANYTHING IN THE  PROVISIONS  OF  THIS  ARTICLE
 PERTAINING  TO THE RIGHT OF PUBLICITY BE CONSTRUED AS CREATING LIABILITY
 OR GIVING RISE TO ANY REMEDY FOR ANY ACTIONS OR  CONDUCT  INVOLVING  THE
 USE OF A DECEASED INDIVIDUAL'S RIGHT OF PUBLICITY THAT OCCURRED PRIOR TO
 THE  EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND SEVENTEEN
 WHICH AMENDED THIS SECTION.
   11. STATUTE OF LIMITATIONS. ACTIONS BROUGHT UNDER  THE  PROVISIONS  OF
 THIS  ARTICLE  PERTAINING  TO  THE RIGHT OF PUBLICITY SHALL BE COMMENCED
 WITHIN ONE YEAR OF THE DATE OF DISCOVERY OF THE INJURY TO THE  PLAINTIFF
 OR  FROM  THE  DATE  THROUGH  THE  EXERCISE OF DUE DILIGENCE SUCH INJURY
 SHOULD HAVE BEEN DISCOVERED BY THE PLAINTIFF, WHICHEVER IS EARLIER.
   § 5. The section heading and subdivision 3 of section 215 of the civil
 practice law and rules are amended to read as follows:
   Actions to be commenced within one year: against sheriff,  coroner  or
 constable; for escape of prisoner; for assault, battery, false imprison-
 ment, malicious prosecution, libel or slander; for violation of right of
 [privacy]  PUBLICITY;  for  penalty  given  to  informer; on arbitration
 award.

 A. 8155--A                          7
 
   3. an action to recover damages for assault, battery, false  imprison-
 ment, malicious prosecution, libel, slander, false words causing special
 damages,  or  a  violation  of  the  right  of [privacy] PUBLICITY under
 [section fifty-one] ARTICLE FIVE of the civil rights law;
   § 6. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law, and shall apply to deceased individuals who
 died on or after such date.