[ ] is old law to be omitted.
LBD11384-08-8
A. 8155--B 2
7. "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.
8. "PERSONA" MEANS, INDIVIDUALLY OR COLLECTIVELY, THE NAME, PORTRAIT
OR PICTURE, VOICE, OR SIGNATURE OF AN INDIVIDUAL.
9. "RIGHT OF PRIVACY" MEANS A PERSONAL RIGHT, WHICH PROTECTS AGAINST
THE UNAUTHORIZED USE OF A LIVING INDIVIDUAL'S NAME, PORTRAIT OR PICTURE,
VOICE, OR SIGNATURE FOR ADVERTISING PURPOSES OR PURPOSES OF TRADE WITH-
OUT WRITTEN CONSENT, EXTINGUISHED UPON DEATH.
10. "RIGHT OF PUBLICITY" MEANS AN INDEPENDENT PROPERTY RIGHT, DERIVED
FROM AND INDEPENDENT OF THE RIGHT OF PRIVACY, WHICH PROTECTS THE UNAU-
THORIZED USE OF A LIVING OR DECEASED INDIVIDUAL'S NAME, PORTRAIT OR
PICTURE, VOICE, OR SIGNATURE FOR ADVERTISING PURPOSES OR PURPOSES OF
TRADE WITHOUT WRITTEN CONSENT.
11. "SIGNATURE" MEANS A HANDWRITTEN OR OTHERWISE LEGALLY BINDING FORM
OF AN INDIVIDUAL'S NAME, WRITTEN OR AUTHORIZED BY THAT INDIVIDUAL, WHICH
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 AND RIGHT OF PUBLICITY. [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.] 1. FOR THE
PURPOSES OF THE RIGHT OF PRIVACY, A LIVING INDIVIDUAL'S PERSONA SHALL
NOT BE USED FOR ADVERTISING PURPOSES OR PURPOSES OF TRADE WITHOUT
OBTAINING THE WRITTEN CONSENT OF SUCH PERSON, OR IF A MINOR OF HIS OR
HER PARENT OR GUARDIAN.
2. FOR THE PURPOSES OF THE RIGHT OF PUBLICITY, A LIVING OR DECEASED
INDIVIDUAL'S PERSONA 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 THIS SUBDIVISION. SUCH RIGHT OF PUBLICITY SHALL NOT BE USED FOR
ADVERTISING PURPOSES OR THE PURPOSES OF TRADE 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 PUBLICITY. IN THE CASE OF A MINOR, WRITTEN CONSENT MUST FIRST BE
OBTAINED OF HIS OR HER PARENT OR GUARDIAN FOR THE PURPOSES OF AN EXCLU-
SIVE OR NON-EXCLUSIVE LICENSE AS LIMITED BY SECTION 35.03 OF THE ARTS
AND CULTURAL AFFAIRS LAW. A PARENT OR GUARDIAN IS PROHIBITED FROM
ASSIGNING A MINOR'S RIGHT OF PUBLICITY, AND SUCH ASSIGNMENTS SHALL BE
UNENFORCEABLE. NOTHING IN THIS SECTION SHALL LIMIT ANY OTHER RIGHTS SUCH
MINOR MAY HAVE.
§ 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.
§ 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. 8155--B 3
(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
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 ONE HUNDRED DOLLARS. THE FORM SHALL INCLUDE THE NAME AND DATE
OF DEATH OF THE DECEASED INDIVIDUAL, THE NAME AND ADDRESS OF THE CLAIM-
ANT, 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
INDIVIDUAL'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.
A. 8155--B 4
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. HOWEVER, AN 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:
(A) FOR ANY VIOLATION THAT OCCURS PRIOR TO REGISTRATION PROVIDED THE
CLAIM IS REGISTERED WITHIN SIX MONTHS FOLLOWING THE INDIVIDUAL'S DEATH;
OR
(B) FOR ANY SUBSEQUENT PUBLICATION, MANUFACTURING, DISTRIBUTION, OR
SALE OR USE IN VIOLATION OF A DECEASED INDIVIDUAL'S RIGHT OF PUBLICITY
ONCE A CLAIM HAS BEEN REGISTERED.
8. IF THERE IS A RIGHT OF PUBLICITY REGISTRATION FOR A DECEASED INDI-
VIDUAL, ANY PERSON SEEKING TO LICENSE THE RIGHT OF PUBLICITY FOR THE
INDIVIDUAL SHALL HAVE THE RIGHT TO RELY UPON SUCH REGISTRATION AND POST-
ING 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 INDIVID-
UAL'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 WRONGFULLY REGISTERED SUCH CLAIM.
§ 50-I. NO ABROGATION OF RIGHTS AND REMEDIES. NOTHING CONTAINED IN THE
PROVISIONS OF THIS ARTICLE 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 OR PRIVACY AND THE RIGHT
OF PUBLICITY APPLY TO AN ACT OR EVENT THAT OCCURS WITHIN NEW YORK.
2. RIGHT OF PUBLICITY EXCEPTIONS. FOR PURPOSES OF THE RIGHT OF PUBLIC-
ITY, CONSENT FOR USE OF ANOTHER INDIVIDUAL'S PERSONA SHALL NOT BE
REQUIRED, EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISIONS THREE AND FOUR OF
THIS SECTION, 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;
A. 8155--B 5
(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) FUNDRAISING PURPOSES BY NOT-FOR-PROFIT RADIO AND TELEVISION
STATIONS LICENSED BY THE FEDERAL COMMUNICATIONS COMMISSION OF THE UNITED
STATES, OR BY NOT-FOR-PROFIT ADVOCACY ORGANIZATIONS IF THE USE IS FOR
COMMENTARY OR CRITICISM;
(D) 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, WITH THE EXCEPTION
OF THE SAFE HARBOR PERIOD LISTED IN SUBDIVISION SEVEN OF SECTION FIFTY-H
OF THIS ARTICLE, UNTIL SUCH TIME AS A CLAIM OF RIGHT HAS BEEN REGISTERED
AND POSTED AS REQUIRED UNDER SUCH SECTION.
(E) NOTHING IN THIS SECTION RELATING TO THE RIGHT OF PUBLICITY SHALL
BE DEEMED TO ABROGATE OR OTHERWISE LIMIT OTHER RIGHTS OR EXCEPTIONS
OTHERWISE CONFERRED BY STATE AND FEDERAL CASE LAW INTERPRETATIONS AS TO
THE APPLICABILITY OF SECTIONS FIFTY AND FIFTY-ONE OF THIS ARTICLE MADE
PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND
EIGHTEEN WHICH AMENDED THIS SECTION.
3. DIGITAL REPLICA FOR PURPOSES OF TRADE IN AN EXPRESSIVE WORK. (A)
USE OF A DIGITAL REPLICA, AS DEFINED IN SUBDIVISION TWO OF SECTION FIFTY
OF THIS ARTICLE, OF AN INDIVIDUAL SHALL CONSTITUTE A VIOLATION IF DONE
WITHOUT THE CONSENT OF THE INDIVIDUAL IF THE USE IS:
(I) IN A SCRIPTED AUDIOVISUAL OR AUDIO WORK, OR IN A LIVE PERFORMANCE
OF A DRAMATIC WORK, IN A MANNER THAT IS INTENDED TO CREATE, AND THAT
DOES CREATE, THE CLEAR IMPRESSION THAT THE INDIVIDUAL REPRESENTED BY THE
DIGITAL REPLICA IS PERFORMING, THE ACTIVITY FOR WHICH HE OR SHE IS
KNOWN, IN THE ROLE OF A FICTIONAL CHARACTER; OR
(II) IN A PERFORMANCE OF A MUSICAL WORK, IN A MANNER THAT IS INTENDED
TO CREATE, AND THAT DOES CREATE, THE CLEAR IMPRESSION THAT THE INDIVID-
UAL REPRESENTED BY THE DIGITAL REPLICA IS PERFORMING, THE ACTIVITY FOR
WHICH HE OR SHE IS KNOWN, IN SUCH MUSICAL WORK; OR
(III) IN AN AUDIOVISUAL WORK, IN A MANNER THAT IS INTENDED TO CREATE,
AND THAT DOES CREATE, THE CLEAR IMPRESSION THAT THE ATHLETE REPRESENTED
BY THE DIGITAL REPLICA IS ENGAGING IN AN ATHLETIC ACTIVITY FOR WHICH HE
OR SHE IS KNOWN.
(B) CONSENT FOR THE USE OF THE DIGITAL REPLICA OF AN INDIVIDUAL AS
PROVIDED IN THE PROVISIONS OF THIS ARTICLE SHALL NOT BE REQUIRED IF SUCH
USE IS:
(I) FOR PURPOSES OF PARODY, SATIRE, COMMENTARY, OR CRITICISM;
(II IN A WORK OF POLITICAL, PUBLIC INTEREST, OR NEWSWORTHY VALUE, OR
SIMILAR WORK, INCLUDING A DOCUMENTARY, REGARDLESS OF THE DEGREE OF
FICTIONALIZATION IN THE WORK; OR
(III) DE MINIMIS OR INCIDENTAL.
4. DIGITAL REPLICA USE IN A PORNOGRAPHIC WORK. USE OF A DIGITAL
REPLICA OF AN INDIVIDUAL SHALL CONSTITUTE A VIOLATION IF DONE WITHOUT
THE CONSENT OF THE INDIVIDUAL IF THE USE IS IN AN AUDIOVISUAL PORNO-
GRAPHIC WORK IN A MANNER THAT IS INTENDED TO CREATE AND THAT DOES CREATE
THE IMPRESSION THAT THE INDIVIDUAL REPRESENTED BY THE DIGITAL REPLICA IS
A. 8155--B 6
PERFORMING. NOTHING IN THIS SECTION SHALL LIMIT ANY OTHER RIGHTS THE
INDIVIDUAL MAY HAVE AGAINST ANY PARTY RELATING TO SUCH PORNOGRAPHIC
WORK.
5. LIMITED IMMUNITY. THE OWNERS OR EMPLOYEES OF ANY MEDIUM USED FOR
ADVERTISING INCLUDING, BUT NOT LIMITED TO, NEWSPAPERS, MAGAZINES, RADIO
AND TELEVISION NETWORKS AND STATIONS, CABLE TELEVISION SYSTEMS, BILL-
BOARDS, AND TRANSIT ADVERTISING, WHO MAKE UNAUTHORIZED USE OF AN INDI-
VIDUAL'S PERSONA FOR THE PURPOSE OF ADVERTISING OR TRADE SHALL NOT BE
LIABLE FOR SUCH USE UNDER THE PROVISIONS OF THIS ARTICLE UNLESS IT IS
ESTABLISHED THAT SUCH OWNER OR EMPLOYEE HAD KNOWLEDGE OF THE UNAUTHOR-
IZED USE, THROUGH PRESENCE OR INCLUSION, OF THE INDIVIDUAL'S PERSONA IN
SUCH ADVERTISEMENT OR PUBLICATION.
6. ACTION FOR INJUNCTION AND FOR DAMAGES. Any person whose [name,
portrait, picture or voice] PERSONA is used within this state for adver-
tising purposes [or], for the purposes of trade without the written
consent first obtained as [above] provided [may] IN THE PROVISIONS OF
THIS ARTICLE IS ENTITLED TO 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] OR HER PERSONA, 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] PERSONA in such manner as is forbidden or
declared to be unlawful by [section fifty] THE PROVISIONS of this arti-
cle RELATING TO THE RIGHT OF PRIVACY OR 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 PRIVACY OR RIGHT
OF PUBLICITY MAY OCCUR WITHOUT REGARD TO WHETHER THE USE OR ACTIVITY IS
FOR PROFIT OR NOT-FOR-PROFIT.
7. NO DEFENSE. IT SHALL NOT CONSTITUTE A DEFENSE TO AN ACTION FOR
VIOLATION OF AN INDIVIDUAL'S RIGHT OF PRIVACY OR RIGHT OF PUBLICITY THAT
SUCH VIOLATION INCLUDES MORE THAN ONE INDIVIDUAL.
8. 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] PERSONA in whatever medium to
any user of such [name, portrait, picture or voice] PERSONA, 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].
9. 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] OR DISPLAYING, INCLUDING IN A GALLERY OR ON AN ONLINE
PORTFOLIO specimens of the work of such [establishment, unless the same
is continued by such person, firm or corporation after written notice
objecting thereto has been given by the person portrayed; and nothing]
PHOTOGRAPHER, OR FROM MAKING SPECIMENS OF THE WORK AVAILABLE FOR LICENS-
ING PURPOSES IN SO FAR AS THE LICENSED USE DOES NOT VIOLATE THIS ARTI-
CLE. A PHOTOGRAPHER SHALL NOT BE LIABLE IF THE USE OF THE PHOTOGRAPH WAS
NOT AUTHORIZED BY THE PHOTOGRAPHER.
10. 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] PERSO-
NA OWNED BY any manufacturer or dealer in connection with the goods,
wares and merchandise manufactured, produced or dealt in by [him] THE
A. 8155--B 7
MANUFACTURER which [he] has BEEN sold or disposed of with such [name,
portrait, picture or voice] PERSONA used in connection therewith; or
from using the [name, portrait, picture or voice] PERSONA 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] PERSONA used in connection therewith.
11. 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.]
12. 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 EIGHTEEN
WHICH AMENDED THIS SECTION.
13. 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 OR THE RIGHT OF 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 OR THE RIGHT OF PUBLIC-
ITY under [section fifty-one] ARTICLE FIVE of the civil rights law;
§ 6. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 7. This act shall take effect on the one hundred eightieth day after
it shall have become a law, and shall apply to all living individuals
and deceased individuals who died on or after such date.