NY State Assembly Bill A8155B

Archive: Last 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

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

A8155 - Details

See Senate Version of this Bill:: S5857
Current Committee:: Senate Rules
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:: A5605, S5959

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:
  §  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.

Co-Sponsors

A8155A - Details

See Senate Version of this Bill:: S5857
Current Committee:: Senate Rules
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:: A5605, S5959

A8155A - Summary

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:
  §  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.

Co-Sponsors

A8155B (ACTIVE) - Details

See Senate Version of this Bill:: S5857
Current Committee:: Senate Rules
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:: A5605, S5959

A8155B (ACTIVE) - Summary

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:
  § 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.
                                                           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.

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The New York State Senate

assembly Bill A8155B

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Archive: Last Bill Status - Passed Assembly

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A8155 - Details

A8155 - Summary

A8155 - Bill Text download pdf

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A8155A - Details

A8155A - Summary

A8155A - Bill Text download pdf

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A8155B (ACTIVE) - Details

A8155B (ACTIVE) - Summary

A8155B (ACTIVE) - Bill Text download pdf

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assembly Bill A8155B

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MORELLE

Archive: Last Bill Status - Passed Assembly

Your Voice

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Bill Amendments

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Helene Weinstein

A8155 - Details

A8155 - Summary

A8155 - Bill Text download pdf

Co-Sponsors

Helene Weinstein

Luis R. Sepúlveda

Michael DenDekker

Clyde Vanel

A8155A - Details

A8155A - Summary

A8155A - Bill Text download pdf

Co-Sponsors

Helene Weinstein

Luis R. Sepúlveda

Michael DenDekker

Clyde Vanel

Nily Rozic

Robert C. Carroll

A8155B (ACTIVE) - Details

A8155B (ACTIVE) - Summary

A8155B (ACTIVE) - Bill Text download pdf

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