assembly Bill A5605C

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

Current Bill Status Via S5959 - Passed Senate & 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 (18)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 23, 2020 returned to senate
passed assembly
ordered to third reading cal.210
substituted for a5605c
Jul 23, 2020 substituted by s5959d
Jul 20, 2020 amended on third reading (t) 5605c
Jan 08, 2020 ordered to third reading cal.210
Jun 19, 2019 ordered to third reading rules cal.592
rules report cal.592
reported
Jun 18, 2019 reported referred to rules
reported referred to ways and means
Jun 17, 2019 reported referred to codes
Jun 16, 2019 print number 5605b
Jun 16, 2019 amend and recommit to judiciary
Jun 06, 2019 print number 5605a
Jun 06, 2019 amend (t) and recommit to judiciary
Feb 14, 2019 referred to judiciary

Votes

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Jul 21, 2020 - Finance committee Vote

S5959D
22
0
committee
22
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Jul 21, 2020 - Rules committee Vote

S5959D
19
0
committee
19
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Mar 10, 2020 - Judiciary committee Vote

S5959C
11
0
committee
11
Aye
0
Nay
3
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Committee Vote: Mar 10, 2020

aye wr (3)
excused (1)

Co-Sponsors

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Multi-Sponsors

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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

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.

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

view additional co-sponsors

Multi-Sponsors

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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

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.

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

view additional co-sponsors

Multi-Sponsors

view additional multi-sponsors

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

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.

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

view additional co-sponsors

Multi-Sponsors

view additional multi-sponsors

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

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.

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