senate Bill S5857B

2017-2018 Legislative Session

Establishes the right of privacy and the right of publicity for both living and deceased individuals

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Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee


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

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Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 08, 2018 print number 5857b
Jun 08, 2018 amend (t) and recommit to judiciary
Jan 03, 2018 referred to judiciary
Jun 21, 2017 committed to rules
Jun 15, 2017 amended on third reading (t) 5857a
Jun 05, 2017 advanced to third reading
May 24, 2017 2nd report cal.
May 23, 2017 1st report cal.1131
May 03, 2017 referred to judiciary

Votes

view votes

May 23, 2017 - Judiciary committee Vote

S5857
17
2
committee
17
Aye
2
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Co-Sponsors

view additional co-sponsors

S5857 - Details

See Assembly Version of this Bill:
A8155
Current Committee:
Senate Judiciary
Law Section:
Civil Rights Law
Laws Affected:
Ren §50 to be §50-f, add §§50, 50-g, 50-h & 50-i, amd §§50-f & 51, Civ Rts L; amd §215, CPLR
Versions Introduced in 2019-2020 Legislative Session:
S5959, A5605

S5857 - Summary

Establishes the right of privacy and the right of publicity for both living and deceased individuals; provides that an individual's persona is the personal property of the individual and is freely transferable and descendible; provides for the registration with the department of state of such rights of a deceased individual; and that the use of a digital replica for purposes of trade within an expressive work shall be a violation.

S5857 - Sponsor Memo

S5857 - Bill Text download pdf


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

                                  5857

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               May 3, 2017
                               ___________

Introduced  by  Sens.  SAVINO, AVELLA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Judiciary

AN ACT to amend the civil practice law and rules and  the  civil  rights
  law, in relation to the right to privacy and persona rights

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

  Section 1. Subdivision 3 of section 215 of the civil practice law  and
rules is amended to read as follows:
  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 under section fifty-one
of the civil rights law];
  § 2. The article heading of article 5  of  the  civil  rights  law  is
amended to read as follows:
                   Right of Privacy AND PERSONA RIGHTS
  § 3. Section 50 of the civil rights law is amended to read as follows:
  §  50. Right of privacy AND PERSONA RIGHTS.  1. (A) THE TERM "PERSON",
AS USED IN THIS ARTICLE, SHALL MEAN A PERSON, CORPORATION,  PARTNERSHIP,
LIMITED LIABILITY COMPANY, LIMITED LIABILITY PARTNERSHIP, TRUST, ESTATE,
OR OTHER LEGAL ENTITY.
  (B) THE TERM "PERSONA", AS USED IN THIS ARTICLE, SHALL MEAN A PERSON'S
NAME,  PORTRAIT, PICTURE, IMAGE, VOICE, SIGNATURE, PHOTOGRAPH, LIKENESS,
DISTINCTIVE APPEARANCE, GESTURES OR MANNERISMS.
  2. A person[, firm or corporation] that uses for advertising purposes,
or for the purposes of trade, the [name, portrait or picture] PERSONA of
any [living] person, LIVING OR DECEASED, without having  first  obtained
the  written  consent of such person, or if a minor of his or her parent
or guardian, OR IF SUCH PERSON IS DECEASED  HIS  OR  HER  SUCCESSORS  IN
INTEREST, is guilty of a misdemeanor.
  3.  IN REGARDS TO THE DECEASED INDIVIDUAL, WRITTEN CONSENT REQUIRED BY
THIS ARTICLE SHALL BE EXERCISABLE BY THE PERSON OR PERSONS  WHO  COLLEC-

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

Co-Sponsors

S5857A - Details

See Assembly Version of this Bill:
A8155
Current Committee:
Senate Judiciary
Law Section:
Civil Rights Law
Laws Affected:
Ren §50 to be §50-f, add §§50, 50-g, 50-h & 50-i, amd §§50-f & 51, Civ Rts L; amd §215, CPLR
Versions Introduced in 2019-2020 Legislative Session:
S5959, A5605

S5857A - Summary

Establishes the right of privacy and the right of publicity for both living and deceased individuals; provides that an individual's persona is the personal property of the individual and is freely transferable and descendible; provides for the registration with the department of state of such rights of a deceased individual; and that the use of a digital replica for purposes of trade within an expressive work shall be a violation.

S5857A - Sponsor Memo

S5857A - Bill Text download pdf


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

                                 5857--A
    Cal. No. 1131

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               May 3, 2017
                               ___________

Introduced  by Sens. SAVINO, AKSHAR, ALCANTARA, AVELLA, CROCI, GALLIVAN,
  HAMILTON -- read twice and ordered printed, and  when  printed  to  be
  committed  to  the  Committee  on Judiciary -- reported favorably from
  said committee, ordered to first and second report, ordered to a third
  reading, amended and ordered reprinted, retaining  its  place  in  the
  order of third reading

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

view additional co-sponsors

S5857B (ACTIVE) - Details

See Assembly Version of this Bill:
A8155
Current Committee:
Senate Judiciary
Law Section:
Civil Rights Law
Laws Affected:
Ren §50 to be §50-f, add §§50, 50-g, 50-h & 50-i, amd §§50-f & 51, Civ Rts L; amd §215, CPLR
Versions Introduced in 2019-2020 Legislative Session:
S5959, A5605

S5857B (ACTIVE) - Summary

Establishes the right of privacy and the right of publicity for both living and deceased individuals; provides that an individual's persona is the personal property of the individual and is freely transferable and descendible; provides for the registration with the department of state of such rights of a deceased individual; and that the use of a digital replica for purposes of trade within an expressive work shall be a violation.

S5857B (ACTIVE) - Sponsor Memo

S5857B (ACTIVE) - Bill Text download pdf


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

                                 5857--B
    Cal. No. 1131

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               May 3, 2017
                               ___________

Introduced  by  Sens. SAVINO, AKSHAR, ALCANTARA, AVELLA, CROCI, HAMILTON
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Judiciary -- reported favorably from said  committee,
  ordered  to  first  and  second  report,  ordered  to a third reading,
  amended and ordered reprinted, retaining its place  in  the  order  of
  third  reading -- recommitted to the Committee on Judiciary in accord-
  ance with Senate Rule 6, sec. 8 -- 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 priva-
  cy and 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.  "DECEASED  INDIVIDUAL"  MEANS ANY INDIVIDUAL, INCLUDING HIS OR HER
PERSONA, WHO HAS DIED.
  2. "DIGITAL REPLICA" MEANS A COMPUTER-GENERATED OR ELECTRONIC  REPROD-
UCTION OF A LIVING OR DECEASED INDIVIDUAL'S LIKENESS OR VOICE THAT REAL-
ISTICALLY  DEPICTS  THE  LIKENESS  OR  VOICE  OF  THE  INDIVIDUAL  BEING
PORTRAYED.  A  DIGITAL  REPLICA  IS  INCLUDED  WITHIN  AN   INDIVIDUAL'S
PORTRAIT.
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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