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.