assembly Bill A8155B

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

Current Bill Status - Passed Assembly


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

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Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 18, 2018 referred to rules
delivered to senate
passed assembly
Jun 05, 2018 amended on third reading (t) 8155b
Jan 03, 2018 ordered to third reading cal.586
Jun 20, 2017 ordered to third reading rules cal.564
rules report cal.564
reported
Jun 19, 2017 reported referred to rules
Jun 14, 2017 print number 8155a
Jun 14, 2017 amend and recommit to ways and means
reported referred to ways and means
Jun 07, 2017 reported referred to codes
May 31, 2017 referred to judiciary

Co-Sponsors

A8155 - Details

See Senate Version of this Bill:
S5857B
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

A8155 - 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.

A8155 - Bill Text download pdf

                    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:
  S  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

Co-Sponsors

A8155A - Details

See Senate Version of this Bill:
S5857B
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

A8155A - 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.

A8155A - Bill Text download pdf

                    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:
  S  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

Co-Sponsors

view additional co-sponsors

A8155B (ACTIVE) - Details

See Senate Version of this Bill:
S5857B
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

A8155B (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.

A8155B (ACTIVE) - Bill Text download pdf

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

                                 8155--B
                                                        Cal. No. 586

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                              May 31, 2017
                               ___________

Introduced by M. of A. MORELLE, WEINSTEIN, DenDEKKER, VANEL -- 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 --
  ordered to a third reading, amended and ordered  reprinted,  retaining
  its place on the order of third reading

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:
  S 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.
  6. "NAME" MEANS THE ACTUAL OR ASSUMED NAME, OR NICKNAME, OF  A  LIVING
OR DECEASED INDIVIDUAL THAT IDENTIFIES THAT INDIVIDUAL.

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

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