assembly Bill A5605B

2019-2020 Legislative Session

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

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Current Bill Status - On Floor Calendar


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
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

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:
Ren §50 to be §50-f, add §§50, 50-g, 50-h & 50-i, amd §§50-f & 51, Civ Rts L; amd §215, CPLR; amd §35.03, Arts & Cul L
Versions Introduced in 2017-2018 Legislative Session:
A8155, S5857

A5605 - Summary

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

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

view additional multi-sponsors

A5605A - Details

See Senate Version of this Bill:
S5959
Law Section:
Civil Rights Law
Laws Affected:
Ren §50 to be §50-f, add §§50, 50-g, 50-h & 50-i, amd §§50-f & 51, Civ Rts L; amd §215, CPLR; amd §35.03, Arts & Cul L
Versions Introduced in 2017-2018 Legislative Session:
A8155, S5857

A5605A - Summary

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

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 (ACTIVE) - Details

See Senate Version of this Bill:
S5959
Law Section:
Civil Rights Law
Laws Affected:
Ren §50 to be §50-f, add §§50, 50-g, 50-h & 50-i, amd §§50-f & 51, Civ Rts L; amd §215, CPLR; amd §35.03, Arts & Cul L
Versions Introduced in 2017-2018 Legislative Session:
A8155, S5857

A5605B (ACTIVE) - Summary

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

A5605B (ACTIVE) - 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.

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