Assembly Bill A5605C

Signed By Governor
2019-2020 Legislative Session

Establishes the right of publicity and provides for a private right of action for unlawful dissemination or publication of a sexually explicit depiction of an individual

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Sponsored By

Archive: Last Bill Status Via S5959 - Signed by Governor


  • 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

multi-Sponsors

2019-A5605 - Details

See Senate Version of this Bill:
S5959
Law Section:
Civil Rights Law
Laws Affected:
Add §§50-f & 52-c, Civ Rts L
Versions Introduced in 2017-2018 Legislative Session:
A8155, S5857

2019-A5605 - Summary

Establishes the right of publicity and provides for a private right of action for unlawful dissemination or publication of a sexually explicit depiction of an individual.

2019-A5605 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5605
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2019
                                ___________
 
 Introduced  by  M.  of  A.  WEINSTEIN, DINOWITZ, GUNTHER, ENGLEBRIGHT --
   Multi-Sponsored by -- M.  of  A.  BRAUNSTEIN,  D'URSO,  FAHY,  HEVESI,
   JAFFEE,  STIRPE,  TAYLOR -- read once and referred to the Committee on
   Judiciary
 
 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.
   7. "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.
              

co-Sponsors

multi-Sponsors

2019-A5605A - Details

See Senate Version of this Bill:
S5959
Law Section:
Civil Rights Law
Laws Affected:
Add §§50-f & 52-c, Civ Rts L
Versions Introduced in 2017-2018 Legislative Session:
A8155, S5857

2019-A5605A - Summary

Establishes the right of publicity and provides for a private right of action for unlawful dissemination or publication of a sexually explicit depiction of an individual.

2019-A5605A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5605--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2019
                                ___________
 
 Introduced  by  M.  of  A.  WEINSTEIN,  DINOWITZ,  GUNTHER, ENGLEBRIGHT,
   WEPRIN, ARROYO, NOLAN -- Multi-Sponsored by -- M.  of  A.  BRAUNSTEIN,
   D'URSO, FAHY, HEVESI, JAFFEE, STIRPE, TAYLOR -- read once and referred
   to  the  Committee on Judiciary -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee

 AN ACT to amend the civil rights law and the arts and  cultural  affairs
   law,  in  relation to the right of privacy 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. "AUTHORIZED REPRESENTATIVE" MEANS AN  ATTORNEY,  TALENT  AGENT,  OR
 PERSONAL MANAGER AUTHORIZED TO REPRESENT THE INDIVIDUAL, OR IF THE INDI-
 VIDUAL  DOES  NOT HAVE AN ATTORNEY, TALENT AGENT, OR PERSONAL MANAGER, A
 LABOR UNION REPRESENTING PERFORMERS IN AUDIOVISUAL WORK.
   2. "DECEASED INDIVIDUAL" MEANS A NATURAL PERSON  WHO  HAS  DIED  WHILE
 DOMICILED IN THE STATE OF NEW YORK.
   3.  "DIGITAL REPLICA" MEANS A COMPUTER-GENERATED OR ELECTRONIC REPROD-
 UCTION OF A LIVING OR  DECEASED  INDIVIDUAL'S  LIKENESS  OR  VOICE  THAT
 DEPICTS  THE  LIKENESS  OR  VOICE  OF  THE INDIVIDUAL BEING PORTRAYED. A
 DIGITAL REPLICA IS INCLUDED WITHIN AN INDIVIDUAL'S PORTRAIT.
   4. "SECRETARY" MEANS THE SECRETARY OF STATE.
   5. "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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

multi-Sponsors

2019-A5605B - Details

See Senate Version of this Bill:
S5959
Law Section:
Civil Rights Law
Laws Affected:
Add §§50-f & 52-c, Civ Rts L
Versions Introduced in 2017-2018 Legislative Session:
A8155, S5857

2019-A5605B - Summary

Establishes the right of publicity and provides for a private right of action for unlawful dissemination or publication of a sexually explicit depiction of an individual.

2019-A5605B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5605--B
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2019
                                ___________
 
 Introduced  by  M.  of  A.  WEINSTEIN,  DINOWITZ,  GUNTHER, ENGLEBRIGHT,
   WEPRIN, ARROYO, NOLAN, DenDEKKER -- Multi-Sponsored by  --  M.  of  A.
   BRAUNSTEIN,  D'URSO, FAHY, HEVESI, JAFFEE, STIRPE, TAYLOR -- read once
   and referred to the Committee on Judiciary  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee -- committee discharged, bill amended, ordered reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to amend the civil rights law and the arts and cultural affairs
   law, in relation to the right of privacy 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.  "AUTHORIZED  REPRESENTATIVE"  MEANS  AN ATTORNEY, TALENT AGENT, OR
 PERSONAL MANAGER AUTHORIZED TO REPRESENT THE INDIVIDUAL, OR IF THE INDI-
 VIDUAL DOES NOT HAVE AN ATTORNEY, TALENT AGENT, OR PERSONAL  MANAGER,  A
 LABOR UNION REPRESENTING PERFORMERS IN AUDIOVISUAL WORK.
   2.  "DECEASED  INDIVIDUAL"  MEANS  A NATURAL PERSON WHO HAS DIED WHILE
 DOMICILED IN THE STATE OF NEW YORK.
   3. "DIGITAL REPLICA" MEANS A NEWLY CREATED, ORIGINAL COMPUTER-GENERAT-
 ED OR ELECTRONIC PERFORMANCE OF A LIVING OR DECEASED INDIVIDUAL'S  LIKE-
 NESS OR VOICE IN A SEPARATE AND NEWLY CREATED, ORIGINAL EXPRESSIVE SOUND
 RECORDING  OR AUDIOVISUAL WORK THAT DEPICTS THE LIKENESS OR VOICE OF THE
 INDIVIDUAL BEING PORTRAYED. A DIGITAL  REPLICA  IS  INCLUDED  WITHIN  AN
 INDIVIDUAL'S  PORTRAIT.    A DIGITAL REPLICA DOES NOT  INCLUDE THE ELEC-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

multi-Sponsors

2019-A5605C (ACTIVE) - Details

See Senate Version of this Bill:
S5959
Law Section:
Civil Rights Law
Laws Affected:
Add §§50-f & 52-c, Civ Rts L
Versions Introduced in 2017-2018 Legislative Session:
A8155, S5857

2019-A5605C (ACTIVE) - Summary

Establishes the right of publicity and provides for a private right of action for unlawful dissemination or publication of a sexually explicit depiction of an individual.

2019-A5605C (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5605--C
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2019
                                ___________
 
 Introduced  by  M.  of  A.  WEINSTEIN,  DINOWITZ,  GUNTHER, ENGLEBRIGHT,
   WEPRIN, ARROYO, NOLAN, DenDEKKER, L. ROSENTHAL,  GOTTFRIED  --  Multi-
   Sponsored  by  --  M.  of A. BRAUNSTEIN, D'URSO, FAHY, HEVESI, JAFFEE,
   STIRPE, TAYLOR -- read once and referred to the Committee on Judiciary
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and  recommitted  to  said  committee  --  committee  discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  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  establishing  the
   right  of  publicity  and  to  providing a private right of action for
   unlawful dissemination or publication of a sexually explicit depiction
   of an individual
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  civil  rights law is amended by adding a new section
 50-f to read as follows:
   § 50-F. RIGHT OF PUBLICITY. 1. FOR PURPOSES OF THIS SECTION:
   A. "DECEASED PERFORMER" MEANS A DECEASED NATURAL PERSON  DOMICILED  IN
 THIS  STATE  AT THE TIME OF DEATH WHO, FOR GAIN OR LIVELIHOOD, WAS REGU-
 LARLY ENGAGED IN ACTING, SINGING, DANCING, OR PLAYING A MUSICAL  INSTRU-
 MENT.
   B.  "DECEASED PERSONALITY" MEANS ANY DECEASED NATURAL PERSON DOMICILED
 IN THIS STATE AT THE TIME OF DEATH WHOSE NAME, VOICE, SIGNATURE,  PHOTO-
 GRAPH, OR LIKENESS HAS COMMERCIAL VALUE AT THE TIME OF HIS OR HER DEATH,
 OR  BECAUSE  OF  HIS OR HER DEATH, WHETHER OR NOT DURING THE LIFETIME OF
 THAT NATURAL PERSON THE PERSON USED HIS OR HER NAME,  VOICE,  SIGNATURE,
 PHOTOGRAPH, OR LIKENESS ON OR IN PRODUCTS, MERCHANDISE, OR GOODS, OR FOR
 PURPOSES  OF  ADVERTISING  OR  SELLING,  OR SOLICITATION OF PURCHASE OF,
 PRODUCTS, MERCHANDISE, GOODS, OR SERVICES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05914-20-0
              

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