The New York State Senate

                    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.

                                                           LBD05914-02-9

A. 5605                             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.
  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) CONTRACT;
  (B) LICENSE;

A. 5605                             3

  (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.
  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

A. 5605                             4

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;
  (B) IN:
  (I) A PLAY, BOOK, MAGAZINE,  NEWSPAPER,  MUSICAL  COMPOSITION,  VISUAL
WORK,  WORK  OF ART, AUDIOVISUAL WORK, RADIO OR TELEVISION PROGRAM IF IT

A. 5605                             5

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
NINETEEN 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
PERFORMING.  NOTHING IN THIS SECTION SHALL LIMIT ANY  OTHER  RIGHTS  THE
INDIVIDUAL  MAY  HAVE  AGAINST  ANY  PARTY RELATING TO SUCH PORNOGRAPHIC
WORK.

A. 5605                             6

  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
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,

A. 5605                             7

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 NINETEEN
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.

                    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.

                                                           LBD05914-04-9

A. 5605--A                          2

  6. "EXPRESSIVE SOUND RECORDING OR AUDIOVISUAL WORK" INCLUDES AN AUDIO-
BOOK, INTERACTIVE GAME, LIVE PERFORMANCE,  MOVIE,  RADIO  OR  TELEVISION
PROGRAM,  SONG,  OR  LIKE  MEDIA  IF  IT  IS FICTIONAL, NONFICTIONAL, OR
MUSICAL ENTERTAINMENT.
  7. "INDIVIDUAL" MEANS A NATURAL PERSON.
  8.  "NAME"  MEANS THE ACTUAL OR ASSUMED NAME, OR NICKNAME, OF A LIVING
OR DECEASED INDIVIDUAL THAT IDENTIFIES THAT INDIVIDUAL.
  9. "NUDE" MEANS THE REALISTIC DISPLAY OF GENITALS, PUBIC AREA, ANUS, A
FEMALE'S POST-PUBESCENT NIPPLE OR AREOLA, INCLUDING THE USE OF TECHNOLO-
GY TO DEPICT THE BODY PARTS OF ANOTHER AS BEING THOSE OF THE  INDIVIDUAL
OR TO IMPOSE NUDE BODY PARTS ONTO THE INDIVIDUAL.
  10. "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.
  11.  "PERSONA" MEANS, INDIVIDUALLY OR COLLECTIVELY, THE NAME, PORTRAIT
OR PICTURE, VOICE, OR SIGNATURE OF AN INDIVIDUAL.
  12. "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 AND THE MENTAL, EMOTIONAL, OR REPUTATIONAL  INJURIES
SUSTAINED, EXTINGUISHED UPON DEATH.
  13.  "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 AND THE PECUNIARY LOSS SUSTAINED.
  14. "SEXUAL ACTS" MEANS MASTURBATION, SEXUAL INTERCOURSE, ORAL OR ANAL
SEXUAL  CONDUCT,  PENETRATION  OF,  OR  WITH,  AN OBJECT, BESTIALITY, OR
TRANSFER OF SEMEN ONTO THE INDIVIDUAL.
  15. "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.
  16. "VISUAL WORK" INCLUDES:
  A. A VISUAL RENDITION INCLUDING, BUT NOT LIMITED TO, A PAINTING, DRAW-
ING, VIDEO, SCULPTURE, MOSAIC, OR PHOTOGRAPH; OR
  B. A WORK OF CALLIGRAPHY; OR
  C.  A  WORK  OF GRAPHIC ART INCLUDING, BUT NOT LIMITED TO, AN ETCHING,
LITHOGRAPH, SERIGRAPH, OR OFFSET PRINT; OR
  D. A CRAFT WORK IN MATERIALS INCLUDING, BUT NOT LIMITED TO, A COLLAGE,
ASSEMBLAGE, OR WORK CONSISTING OF ANY COMBINATION OF PARAGRAPHS A, B AND
C OF THIS SUBDIVISION.
  § 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.   A  CONTRACT  TO  CREATE  A  SEXUALLY  EXPLICIT
DIGITAL  DEPICTION,  AS DEFINED BY SUBDIVISION FOUR OF SECTION FIFTY-ONE

A. 5605--A                          3

OF THIS ARTICLE MUST INCLUDE A GENERAL DESCRIPTION OF THE DEPICTION  AND
THE  EXPRESSIVE  AUDIOVISUAL  WORK  IN WHICH IT WILL BE INCORPORATED. AN
INDIVIDUAL HAS TWO BUSINESS DAYS TO REVOKE WRITTEN CONSENT FOR A SEXUAL-
LY EXPLICIT DIGITAL DEPICTION UNLESS:
  (A)  THE INDIVIDUAL WAS GIVEN NO LESS THAN FORTY-EIGHT HOURS TO REVIEW
THE TERMS OF CONSENT PRIOR TO SIGNING IT; OR
  (B)  THE  INDIVIDUAL'S  AUTHORIZED  REPRESENTATIVE  PROVIDED   WRITTEN
APPROVAL OF THE TERMS OF CONSENT.
  THE WRITTEN NOTICE OF REVOCATION SHALL BE SENT TO THE PERSON IN PERSON
OR  BY SENDING A REVOCATION BY MAIL, COURIER, ELECTRONIC TRANSMISSION OR
FACSIMILE TO THE PERSON'S LAST KNOWN ADDRESS.
  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) 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

A. 5605--A                          4

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. UPON THE FIRST ANNIVERSARY OF THE DECEASED INDIVIDUAL'S DEATH,  ANY
PERSON  CLAIMING  TO  BE  A SUCCESSOR IN INTEREST WHO POSSESSES AT LEAST
FIFTY-ONE PERCENT INTEREST IN THE RIGHT OF PUBLICITY OF A DECEASED INDI-
VIDUAL 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.  A RIGHTS HOLDER MAY VOLUNTARILY REGISTER THE CLAIM AT ANY TIME
PRIOR TO THE ONE-YEAR ANNIVERSARY OF THE  DECEASED  INDIVIDUAL'S  DEATH.
THE  FORM SHALL INCLUDE THE NAME AND DATE OF DEATH OF THE DECEASED INDI-
VIDUAL, 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 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.
  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 THAT OCCURS ONE YEAR AFTER
THE ANNIVERSARY OF A DECEASED INDIVIDUAL'S DEATH  UNLESS  THE  CLAIM  IS
REGISTERED.  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 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-

A. 5605--A                          5

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 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 OR PRIVACY AND THE RIGHT
OF PUBLICITY APPLY TO AN ACT OR EVENT THAT OCCURS WITHIN NEW YORK.
  2. EXCEPTIONS.  CONSENT FOR USE OF ANOTHER INDIVIDUAL'S PERSONA  SHALL
NOT  BE REQUIRED, EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISIONS THREE AND
FOUR OF THIS SECTION AS IT RELATES TO DIGITAL  REPLICAS,  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;
  (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, UNTIL SUCH TIME AS
A  CLAIM  OF RIGHT HAS BEEN REGISTERED AND POSTED AS REQUIRED UNDER SUCH
SECTION.

A. 5605--A                          6

  (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 THIS SECTION AND SECTION FIFTY OF THIS ARTICLE MADE
PRIOR  TO  THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND
NINETEEN 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 THREE 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 AN EXPRESSIVE AUDIOVISUAL OR AUDIO WORK OR SOUND RECORDING, OR
IN A LIVE PERFORMANCE OF A DRAMATIC WORK, IN A MANNER THAT  IS  INTENDED
TO  CREATE,  AND  THAT  DOES  CREATE, THE REASONABLE IMPRESSION THAT THE
PROFESSIONAL ACTOR REPRESENTED BY THE DIGITAL REPLICA IS PERFORMING, THE
ACTIVITY FOR WHICH HE OR SHE IS KNOWN, IN THE ROLE OF A FICTIONAL  CHAR-
ACTER; OR
  (II)  IN  AN  EXPRESSIVE  AUDIOVISUAL OR SOUND RECORDING, OR IN A LIVE
PERFORMANCE OF A MUSICAL WORK, IN A MANNER THAT IS INTENDED  TO  CREATE,
AND  THAT  DOES  CREATE, THE REASONABLE IMPRESSION THAT THE PROFESSIONAL
SINGER, DANCER, OR  MUSICIAN  REPRESENTED  BY  THE  DIGITAL  REPLICA  IS
PERFORMING,  THE  ACTIVITY FOR WHICH HE OR SHE IS KNOWN, IN SUCH MUSICAL
WORK; OR
  (III) IN AN EXPRESSIVE AUDIOVISUAL WORK, IN A MANNER THAT IS  INTENDED
TO  CREATE,  AND  THAT  DOES  CREATE, THE REASONABLE IMPRESSION THAT THE
PROFESSIONAL OR COLLEGE 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. (A) USE  OF  A  DIGITAL
REPLICA  TO CREATE SEXUALLY EXPLICIT MATERIAL IN AN EXPRESSIVE AUDIOVIS-
UAL WORK SHALL CONSTITUTE A VIOLATION OF THE RIGHT OF PRIVACY IF THE USE
IS INTENDED TO DEPICT AND DOES FALSELY DEPICT AN INDIVIDUAL AS  PERFORM-
ING IN THE NUDE OR AS ENGAGING IN SEXUAL ACTS THEY DID NOT PERFORM.
  (B) CONSENT SHALL NOT BE REQUIRED IF SUCH USE IS:
  (I) IN RELATION TO A MATTER OF LEGITIMATE PUBLIC PURPOSE; OR
  (II) IN A WORK OF POLITICAL OR NEWSWORTHY VALUE, OR SIMILAR WORK; OR
  (III) FOR PURPOSES OF COMMENTARY OR CRITICISM.
  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.  ACTIONS  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

A. 5605--A                          7

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  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, 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].
  9.  VISUAL  WORK.  NOTHING  CONTAINED  IN  THIS  ARTICLE  SHALL  BE SO
CONSTRUED AS TO PREVENT ANY PERSON FROM EXHIBITING OR DISPLAYING  VISUAL
WORK,  INCLUDING IN A GALLERY OR ON AN ONLINE PORTFOLIO SPECIMENS OF THE
WORK OR FROM MAKING THE VISUAL WORK AVAILABLE FOR LICENSING PURPOSES  IN
SO  FAR  AS THE TERMS OF THE SALE OR LICENSE DOES NOT PERMIT THE USER TO
VIOLATE THIS ARTICLE.
  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
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.]

A. 5605--A                          8

  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  NINETEEN
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.  Subdivision 1 of section 35.03 of the arts and cultural affairs
law, paragraph (a) as amended by chapter 411 of the  laws  of  2013,  is
amended to read as follows:
  1.  A contract made by an infant or made by a parent or guardian of an
infant, or a contract proposed to be so made, under which (a) the infant
is to perform or render services as an actor,  actress,  model,  dancer,
musician,  vocalist  or  other performing artist, or as a participant or
player in professional sports, [or] (b) a person is employed  to  render
services to the infant in connection with such services of the infant or
in  connection with contracts therefor, OR (C) THE INFANT IS BOUND TO AN
EXCLUSIVE LICENSING CONTRACT BEYOND TWENTY-ONE MONTHS FOR USE  OF  THEIR
PERSONA FOR ADVERTISING PURPOSES OR PURPOSES OF TRADE, AS DEFINED BY THE
CIVIL  RIGHTS  LAW,  may  be approved by the supreme court or the surro-
gate's court as provided in this section where the infant is a  resident
of  this  state  or  the  services  of the infant are to be performed or
rendered in this state. If the contract is so approved  the  infant  may
not, either during his minority or upon reaching his majority, disaffirm
the contract on the ground of infancy or assert that the parent or guar-
dian lacked authority to make the contract. A contract modified, amended
or  assigned after its approval under this section shall be deemed a new
contract.
  § 7. 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.

A. 5605--A                          9

  § 8. 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.

                    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.

                                                           LBD05914-06-9

A. 5605--B                          2

TRONIC REPRODUCTION, COMPUTER GENERATED OR OTHER DIGITAL RE-MASTERING OF
AN  EXPRESSIVE  SOUND  RECORDING  OR  AUDIOVISUAL  WORK  OF  A  PERSON'S
ORIGINAL OR RECORDED PERFORMANCE.
  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.
  6. "EXPRESSIVE SOUND RECORDING OR AUDIOVISUAL WORK" INCLUDES AN AUDIO-
BOOK,  INTERACTIVE  GAME,  LIVE  PERFORMANCE, MOVIE, RADIO OR TELEVISION
PROGRAM, SONG, OR LIKE  MEDIA  IF  IT  IS  FICTIONAL,  NONFICTIONAL,  OR
MUSICAL ENTERTAINMENT.
  7. "INDIVIDUAL" MEANS A NATURAL PERSON.
  8.  "NAME"  MEANS THE ACTUAL OR ASSUMED NAME, OR NICKNAME, OF A LIVING
OR DECEASED INDIVIDUAL THAT IDENTIFIES THAT INDIVIDUAL.
  9. "NUDE" MEANS THE REALISTIC DISPLAY OF GENITALS, PUBIC AREA, ANUS, A
FEMALE'S POST-PUBESCENT NIPPLE OR AREOLA, INCLUDING THE USE OF TECHNOLO-
GY TO DEPICT THE BODY PARTS OF ANOTHER AS BEING THOSE OF THE  INDIVIDUAL
OR TO IMPOSE NUDE BODY PARTS ONTO THE INDIVIDUAL.
  10. "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.
  11.  "PERSONA" MEANS, INDIVIDUALLY OR COLLECTIVELY, THE NAME, PORTRAIT
OR PICTURE, VOICE, OR SIGNATURE OF AN INDIVIDUAL.
  12. "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 AND THE MENTAL, EMOTIONAL, OR REPUTATIONAL  INJURIES
SUSTAINED, EXTINGUISHED UPON DEATH.
  13.  "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 AND THE PECUNIARY LOSS SUSTAINED.
  14. "SEXUAL ACTS" MEANS MASTURBATION, SEXUAL INTERCOURSE, ORAL OR ANAL
SEXUAL  CONDUCT,  PENETRATION  OF,  OR  WITH,  AN OBJECT, BESTIALITY, OR
TRANSFER OF SEMEN ONTO THE INDIVIDUAL.
  15. "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.
  16. "VISUAL WORK" INCLUDES:
  A. A VISUAL RENDITION INCLUDING, BUT NOT LIMITED TO, A PAINTING, DRAW-
ING, VIDEO, SCULPTURE, MOSAIC, OR PHOTOGRAPH; OR
  B. A WORK OF CALLIGRAPHY; OR
  C.  A  WORK  OF GRAPHIC ART INCLUDING, BUT NOT LIMITED TO, AN ETCHING,
LITHOGRAPH, SERIGRAPH, OR OFFSET PRINT; OR
  D. A CRAFT WORK IN MATERIALS INCLUDING, BUT NOT LIMITED TO, A COLLAGE,
ASSEMBLAGE, OR WORK CONSISTING OF ANY COMBINATION OF PARAGRAPHS A, B AND
C OF THIS SUBDIVISION.
  § 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

A. 5605--B                          3

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.    A  CONTRACT  TO CREATE A SEXUALLY EXPLICIT
DIGITAL DEPICTION, AS DEFINED BY SUBDIVISION FOUR OF  SECTION  FIFTY-ONE
OF  THIS ARTICLE MUST INCLUDE A GENERAL DESCRIPTION OF THE DEPICTION AND
THE EXPRESSIVE AUDIOVISUAL WORK IN WHICH IT  WILL  BE  INCORPORATED.  AN
INDIVIDUAL HAS TWO BUSINESS DAYS TO REVOKE WRITTEN CONSENT FOR A SEXUAL-
LY EXPLICIT DIGITAL DEPICTION UNLESS:
  (A)  THE INDIVIDUAL WAS GIVEN NO LESS THAN FORTY-EIGHT HOURS TO REVIEW
THE TERMS OF CONSENT PRIOR TO SIGNING IT; OR
  (B)  THE  INDIVIDUAL'S  AUTHORIZED  REPRESENTATIVE  PROVIDED   WRITTEN
APPROVAL OF THE TERMS OF CONSENT.
  THE WRITTEN NOTICE OF REVOCATION SHALL BE SENT TO THE PERSON IN PERSON
OR  BY SENDING A REVOCATION BY MAIL, COURIER, ELECTRONIC TRANSMISSION OR
FACSIMILE TO THE PERSON'S LAST KNOWN ADDRESS.
  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) 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

A. 5605--B                          4

  (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.  UPON THE FIRST ANNIVERSARY OF THE DECEASED INDIVIDUAL'S DEATH, ANY
PERSON CLAIMING TO BE A SUCCESSOR IN INTEREST  WHO  POSSESSES  AT  LEAST
FIFTY-ONE PERCENT INTEREST IN THE RIGHT OF PUBLICITY OF A DECEASED INDI-
VIDUAL 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.  A RIGHTS HOLDER MAY VOLUNTARILY REGISTER THE CLAIM AT ANY TIME
PRIOR  TO  THE  ONE-YEAR ANNIVERSARY OF THE DECEASED INDIVIDUAL'S DEATH.
THE FORM SHALL INCLUDE THE NAME AND DATE OF DEATH OF THE DECEASED  INDI-
VIDUAL,  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 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.
  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 THAT OCCURS  ONE  YEAR  AFTER
THE  ANNIVERSARY  OF  A  DECEASED INDIVIDUAL'S DEATH UNLESS THE CLAIM IS
REGISTERED. HOWEVER, AN ACTION MAY BE BROUGHT UNDER  THE  PROVISIONS  OF
THIS  ARTICLE  PERTAINING TO THE RIGHT OF PUBLICITY FOR A VIOLATION OF A

A. 5605--B                          5

DECEASED INDIVIDUAL'S RIGHT OF PUBLICITY 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 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 OR PRIVACY AND THE RIGHT
OF PUBLICITY APPLY TO AN ACT OR EVENT THAT OCCURS WITHIN NEW YORK.
  2. EXCEPTIONS.  CONSENT FOR USE OF ANOTHER INDIVIDUAL'S PERSONA  SHALL
NOT  BE REQUIRED, EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISIONS THREE AND
FOUR OF THIS SECTION AS IT RELATES TO DIGITAL  REPLICAS,  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;
  (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
EXEMPTED UNDER THIS ARTICLE; OR
  (C)  FUNDRAISING  PURPOSES  BY  NOT-FOR-PROFIT  RADIO  AND  TELEVISION
STATIONS LICENSED BY THE FEDERAL COMMUNICATIONS COMMISSION OF THE UNITED

A. 5605--B                          6

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, 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 THIS SECTION AND SECTION FIFTY OF THIS ARTICLE MADE
PRIOR  TO  THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND
NINETEEN 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 THREE 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 AN EXPRESSIVE AUDIOVISUAL OR AUDIO WORK OR SOUND RECORDING, OR
IN A LIVE PERFORMANCE OF A DRAMATIC WORK, IN A MANNER THAT  IS  INTENDED
TO  CREATE,  AND  THAT  DOES  CREATE, THE REASONABLE IMPRESSION THAT THE
PROFESSIONAL ACTOR REPRESENTED BY THE DIGITAL REPLICA IS PERFORMING, THE
ACTIVITY FOR WHICH HE OR SHE IS KNOWN, IN THE ROLE OF A FICTIONAL  CHAR-
ACTER; OR
  (II)  IN  AN  EXPRESSIVE  AUDIOVISUAL OR SOUND RECORDING, OR IN A LIVE
PERFORMANCE OF A MUSICAL WORK, IN A MANNER THAT IS INTENDED  TO  CREATE,
AND  THAT  DOES  CREATE, THE REASONABLE IMPRESSION THAT THE PROFESSIONAL
SINGER, DANCER, OR  MUSICIAN  REPRESENTED  BY  THE  DIGITAL  REPLICA  IS
PERFORMING,  THE  ACTIVITY FOR WHICH HE OR SHE IS KNOWN, IN SUCH MUSICAL
WORK; OR
  (III) IN AN EXPRESSIVE AUDIOVISUAL WORK, IN A MANNER THAT IS  INTENDED
TO  CREATE,  AND  THAT  DOES  CREATE, THE REASONABLE IMPRESSION THAT THE
PROFESSIONAL OR COLLEGE 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;
  (III) DE MINIMIS OR INCIDENTAL; OR
  (IV) THE BROADCASTING OR STREAMING OF A SOUND RECORDING OR AUDIOVISUAL
WORK THAT IS AN ELECTRONIC REPRODUCTION,  COMPUTER  GENERATED  OR  OTHER
DIGITAL RE-MASTERING OF A PERSON'S ORIGINAL OR RECORDED PERFORMANCE.
  4.  DIGITAL  REPLICA  USE IN A PORNOGRAPHIC WORK. (A) USE OF A DIGITAL
REPLICA TO CREATE SEXUALLY EXPLICIT MATERIAL IN AN EXPRESSIVE  AUDIOVIS-
UAL WORK SHALL CONSTITUTE A VIOLATION OF THE RIGHT OF PRIVACY IF THE USE
IS  INTENDED TO DEPICT AND DOES FALSELY DEPICT AN INDIVIDUAL AS PERFORM-
ING IN THE NUDE OR AS ENGAGING IN SEXUAL ACTS THEY DID NOT PERFORM.
  (B) CONSENT SHALL NOT BE REQUIRED IF SUCH USE IS:
  (I) IN RELATION TO A MATTER OF LEGITIMATE PUBLIC PURPOSE; OR
  (II) IN A WORK OF POLITICAL OR NEWSWORTHY VALUE, OR SIMILAR WORK; OR
  (III) FOR PURPOSES OF COMMENTARY OR CRITICISM.
  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-

A. 5605--B                          7

BOARDS,  AND  TRANSIT ADVERTISING, WHO MAKE UNAUTHORIZED USE OF AN INDI-
VIDUAL'S PERSONA OR DIGITAL REPLICA 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 ACTUAL
KNOWLEDGE BY PRIOR NOTIFICATION OF THE UNAUTHORIZED USE,  THROUGH  PRES-
ENCE  OR INCLUSION, OF THE INDIVIDUAL'S PERSONA IN SUCH ADVERTISEMENT OR
PUBLICATION.
  6. ACTIONS 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 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,  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].
  9. VISUAL  WORK.  NOTHING  CONTAINED  IN  THIS  ARTICLE  SHALL  BE  SO
CONSTRUED  AS TO PREVENT ANY PERSON FROM EXHIBITING OR DISPLAYING VISUAL
WORK, INCLUDING IN A GALLERY OR ON AN ONLINE PORTFOLIO SPECIMENS OF  THE
WORK  OR FROM MAKING THE VISUAL WORK AVAILABLE FOR LICENSING PURPOSES IN
SO FAR AS THE TERMS OF THE SALE OR LICENSE DOES NOT PERMIT THE  USER  TO
VIOLATE THIS ARTICLE.
  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
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

A. 5605--B                          8

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 NINETEEN
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. Subdivision 1 of section 35.03 of the arts and  cultural  affairs
law,  paragraph  (a)  as  amended by chapter 411 of the laws of 2013, is
amended to read as follows:
  1. A contract made by an infant or made by a parent or guardian of  an
infant, or a contract proposed to be so made, under which (a) the infant
is  to  perform  or render services as an actor, actress, model, dancer,
musician, vocalist or other performing artist, or as  a  participant  or
player  in  professional sports, [or] (b) a person is employed to render
services to the infant in connection with such services of the infant or
in connection with contracts therefor, OR (C) THE INFANT IS BOUND TO  AN
EXCLUSIVE  LICENSING  CONTRACT BEYOND TWENTY-ONE MONTHS FOR USE OF THEIR
PERSONA FOR ADVERTISING PURPOSES OR PURPOSES OF TRADE, AS DEFINED BY THE
CIVIL RIGHTS LAW, may be approved by the supreme  court  or  the  surro-
gate's  court as provided in this section where the infant is a resident
of this state or the services of the  infant  are  to  be  performed  or
rendered  in  this  state. If the contract is so approved the infant may
not, either during his minority or upon reaching his majority, disaffirm
the contract on the ground of infancy or assert that the parent or guar-
dian lacked authority to make the contract. A contract modified, amended

A. 5605--B                          9

or assigned after its approval under this section shall be deemed a  new
contract.
  § 7. 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.
  § 8. 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.