Assembly Bill A8611

2025-2026 Legislative Session

Clarifies the right of publicity

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Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2025-A8611 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Rights Law
Laws Affected:
Amd §50-f, Civ Rts L; amd §3, Chap 304 of 2020

2025-A8611 (ACTIVE) - Summary

Clarifies the right of publicity including the definitions of who and what qualifies as a digital replica; provides guidance as to digital replicas that do not violate an individual or deceased individual's right to publicity; expands the statute of limitations for an action brought for violating an individual's right to publicity.

2025-A8611 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8611
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 22, 2025
                                ___________
 
 Introduced  by  M.  of  A. SIMONE, CRUZ -- read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the civil rights law,  in  relation  to  clarifying  the
   right  of  publicity;  and  to  amend  chapter 304 of the laws of 2020
   amending the civil rights law relating to establishing  the  right  of
   publicity  and  to  providing  a  right of action for unlawful dissem-
   ination or publication of a sexually explicit depiction of an individ-
   ual, in relation thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 50-f of the civil rights law, as added by chapter
 304 of the laws of 2020, subparagraph v of paragraph d of subdivision  2
 and subdivision 10 as added and subdivisions 11, 12 and 13 as renumbered
 by chapter 709 of the laws of 2022, is amended to read as follows:
   § 50-f. Right of publicity. 1. For purposes of this section:
   a.  ["deceased performer" means a deceased natural person domiciled in
 this state at the time of death who, for gain or livelihood,  was  regu-
 larly  engaged in acting, singing, dancing, or playing a musical instru-
 ment.
   b.] "deceased personality" means any deceased natural person domiciled
 in this state at the time of death [whose name, voice, signature, photo-
 graph, or likeness has commercial value at the time of his or her death,
 or because of his or her death, whether or not during  the  lifetime  of
 that  natural  person the person used his or her name, voice, signature,
 photograph, or likeness on or in products, merchandise, or goods, or for
 purposes of advertising or selling,  or  solicitation  of  purchase  of,
 products, merchandise, goods, or services].
   [c.]  B.  "digital  replica" means a [newly created, original,] compu-
 ter-generated, [electronic performance by an individual  in  a  separate
 and  newly  created,  original expressive sound recording or audiovisual
 work in which the] HIGHLY REALISTIC ELECTRONIC  REPRESENTATION  THAT  IS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11870-01-5
              

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