Senate Bill S5857A

2017-2018 Legislative Session

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

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Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Votes

Bill Amendments

co-Sponsors

2017-S5857 - Details

Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Ren §50 to be §50-f, add §§50, 50-g, 50-h & 50-i, amd §§50-f & 51, Civ Rts L; amd §215, CPLR
Versions Introduced in 2019-2020 Legislative Session:
S5959

2017-S5857 - Summary

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

2017-S5857 - Sponsor Memo

2017-S5857 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5857
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                May 3, 2017
                                ___________
 
 Introduced  by  Sens.  SAVINO, AVELLA -- read twice and ordered printed,
   and when printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules and  the  civil  rights
   law, in relation to the right to privacy and persona rights
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 215 of the civil practice law  and
 rules is amended to read as follows:
   3.  an action to recover damages for assault, battery, false imprison-
 ment, malicious prosecution, libel, slander, false words causing special
 damages[, or a violation of the right of privacy under section fifty-one
 of the civil rights law];
   § 2. The article heading of article 5  of  the  civil  rights  law  is
 amended to read as follows:
                    Right of Privacy AND PERSONA RIGHTS
   § 3. Section 50 of the civil rights law is amended to read as follows:
   §  50. Right of privacy AND PERSONA RIGHTS.  1. (A) THE TERM "PERSON",
 AS USED IN THIS ARTICLE, SHALL MEAN A PERSON, CORPORATION,  PARTNERSHIP,
 LIMITED LIABILITY COMPANY, LIMITED LIABILITY PARTNERSHIP, TRUST, ESTATE,
 OR OTHER LEGAL ENTITY.
   (B) THE TERM "PERSONA", AS USED IN THIS ARTICLE, SHALL MEAN A PERSON'S
 NAME,  PORTRAIT, PICTURE, IMAGE, VOICE, SIGNATURE, PHOTOGRAPH, LIKENESS,
 DISTINCTIVE APPEARANCE, GESTURES OR MANNERISMS.
   2. A person[, firm or corporation] that uses for advertising purposes,
 or for the purposes of trade, the [name, portrait or picture] PERSONA of
 any [living] person, LIVING OR DECEASED, without having  first  obtained
 the  written  consent of such person, or if a minor of his or her parent
 or guardian, OR IF SUCH PERSON IS DECEASED  HIS  OR  HER  SUCCESSORS  IN
 INTEREST, is guilty of a misdemeanor.
   3.  IN REGARDS TO THE DECEASED INDIVIDUAL, WRITTEN CONSENT REQUIRED BY
 THIS ARTICLE SHALL BE EXERCISABLE BY THE PERSON OR PERSONS  WHO  COLLEC-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2017-S5857A - Details

Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Ren §50 to be §50-f, add §§50, 50-g, 50-h & 50-i, amd §§50-f & 51, Civ Rts L; amd §215, CPLR
Versions Introduced in 2019-2020 Legislative Session:
S5959

2017-S5857A - Summary

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

2017-S5857A - Sponsor Memo

2017-S5857A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5857--A
     Cal. No. 1131
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                May 3, 2017
                                ___________
 
 Introduced  by Sens. SAVINO, AKSHAR, ALCANTARA, AVELLA, CROCI, GALLIVAN,
   HAMILTON -- read twice and ordered printed, and  when  printed  to  be
   committed  to  the  Committee  on Judiciary -- reported favorably from
   said committee, ordered to first and second report, ordered to a third
   reading, amended and ordered reprinted, retaining  its  place  in  the
   order of third reading
 
 AN  ACT  to  amend  the  civil  rights  law, in relation to the right of
   publicity; and to amend the civil practice law and rules, in  relation
   to  the  timeliness  of commencement of an action for violation of the
   right of publicity
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  50 of the civil rights law is renumbered section
 50-f and a new section 50 is added to read as follows:
   § 50. DEFINITIONS.   FOR THE PURPOSES OF  SECTIONS  FIFTY-F,  FIFTY-G,
 FIFTY-H,  FIFTY-I  AND  FIFTY-ONE  OF  THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "CHARACTERISTIC" MEANS A DISTINCTIVE APPEARANCE, GESTURE OR MANNER-
 ISM RECOGNIZED AS AN IDENTIFYING ATTRIBUTE OF AN INDIVIDUAL.
   2. "DECEASED INDIVIDUAL" MEANS ANY INDIVIDUAL, INCLUDING  HIS  OR  HER
 NAME, VOICE, SIGNATURE OR LIKENESS, REGARDLESS OF THE INDIVIDUAL'S PLACE
 OF DOMICILE, RESIDENCE OR CITIZENSHIP AT THE TIME OF DEATH OR OTHERWISE,
 WHO HAS DIED.
   3. "SECRETARY" MEANS THE SECRETARY OF STATE.
   4.  "FUND-RAISING" MEANS AN ORGANIZED ACTIVITY TO SOLICIT DONATIONS OF
 MONEY OR OTHER GOODS OR SERVICES FROM PERSONS OR ENTITIES BY  AN  ORGAN-
 IZATION, COMPANY OR PUBLIC ENTITY.
   5. "INDIVIDUAL" MEANS A NATURAL PERSON, LIVING OR DEAD.
   6.  "LIKENESS"  MEANS AN IMAGE, DIGITAL REPLICA, PHOTOGRAPH, PAINTING,
 SKETCHING, MODEL, DIAGRAM, OR OTHER RECOGNIZABLE  REPRESENTATION  OF  AN
 INDIVIDUAL'S  FACE  OR  BODY,  AND INCLUDES A CHARACTERISTIC.  A DIGITAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

2017-S5857B (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Ren §50 to be §50-f, add §§50, 50-g, 50-h & 50-i, amd §§50-f & 51, Civ Rts L; amd §215, CPLR
Versions Introduced in 2019-2020 Legislative Session:
S5959

2017-S5857B (ACTIVE) - Summary

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

2017-S5857B (ACTIVE) - Sponsor Memo

2017-S5857B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5857--B
     Cal. No. 1131
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                May 3, 2017
                                ___________
 
 Introduced  by  Sens. SAVINO, AKSHAR, ALCANTARA, AVELLA, CROCI, HAMILTON
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Judiciary -- reported favorably from said  committee,
   ordered  to  first  and  second  report,  ordered  to a third reading,
   amended and ordered reprinted, retaining its place  in  the  order  of
   third  reading -- recommitted to the Committee on Judiciary in accord-
   ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the civil rights law, in relation to the right of priva-
   cy and the right of publicity; and to amend the civil practice law and
   rules, in relation to the timeliness of commencement of an action  for
   violation of the right of publicity
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 50 of the civil rights law  is  renumbered  section
 50-f and a new section 50 is added to read as follows:
   §  50.  DEFINITIONS.    FOR THE PURPOSES OF SECTIONS FIFTY-F, FIFTY-G,
 FIFTY-H, FIFTY-I AND FIFTY-ONE OF  THIS  ARTICLE,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "DECEASED  INDIVIDUAL"  MEANS ANY INDIVIDUAL, INCLUDING HIS OR HER
 PERSONA, WHO HAS DIED.
   2. "DIGITAL REPLICA" MEANS A COMPUTER-GENERATED OR ELECTRONIC  REPROD-
 UCTION OF A LIVING OR DECEASED INDIVIDUAL'S LIKENESS OR VOICE THAT REAL-
 ISTICALLY  DEPICTS  THE  LIKENESS  OR  VOICE  OF  THE  INDIVIDUAL  BEING
 PORTRAYED.  A  DIGITAL  REPLICA  IS  INCLUDED  WITHIN  AN   INDIVIDUAL'S
 PORTRAIT.
   3. "SECRETARY" MEANS THE SECRETARY OF STATE.
   4.  "FUND-RAISING" MEANS AN ORGANIZED ACTIVITY TO SOLICIT DONATIONS OF
 MONEY OR OTHER GOODS OR SERVICES FROM PERSONS OR ENTITIES BY  AN  ORGAN-
 IZATION, COMPANY OR PUBLIC ENTITY.
   5. "INDIVIDUAL" MEANS A NATURAL PERSON, LIVING OR DEAD.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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