S T A T E O F N E W Y O R K
________________________________________________________________________
8391
2025-2026 Regular Sessions
I N S E N A T E
June 6, 2025
___________
Introduced by Sen. GIANARIS -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the civil rights law, in relation to the right of
publicity
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 1, 2, 3, 6, 9 and 10 of section 50-f of the
civil rights law, subdivisions 1, 2, 3, 6 and 9 as added by chapter 304
of the laws of 2020 and subparagraph (v) of paragraph d of subdivision 2
and subdivision 10 as added by chapter 709 of the laws of 2022, are
amended to read as follows:
1. For purposes of this section:
a. "deceased performer" means a deceased [natural person] PERSONALITY
domiciled in this state at the time of death who, for gain or liveli-
hood, was regularly engaged in acting, singing, dancing, or playing a
musical instrument.
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] SUCH
NATURAL PERSON'S death, or because of [his or her] SUCH NATURAL PERSON'S
death, whether or not during the lifetime of that natural person the
person used [his or her] SUCH NATURAL PERSON'S 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. "digital replica" means a newly created, [original,] computer-gen-
erated, HIGHLY REALISTIC electronic [performance by an individual in a
separate and newly created, original expressive sound recording or audi-
ovisual work in which the individual did not actually perform, that is
so realistic that a reasonable observer would believe it is a perform-
ance by the individual being portrayed and no other individual] REPRE-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13320-02-5
S. 8391 2
SENTATION THAT IS READILY IDENTIFIABLE AS THE VOICE OR VISUAL LIKENESS
OF AN INDIVIDUAL THAT IS EMBODIED IN A SOUND RECORDING, IMAGE, AUDIOVIS-
UAL WORK, INCLUDING AN AUDIOVISUAL WORK THAT DOES NOT HAVE ANY ACCOMPA-
NYING SOUNDS, OR TRANSMISSION IN WHICH: (I) THE ACTUAL INDIVIDUAL DID
NOT ACTUALLY PERFORM OR APPEAR; OR (II) THE ACTUAL INDIVIDUAL DID
PERFORM OR APPEAR, BUT THE FUNDAMENTAL CHARACTER OF THE PERFORMANCE OR
APPEARANCE HAS BEEN MATERIALLY ALTERED. A digital replica does not
include the electronic reproduction, [computer generated or other
digital remastering of an expressive sound recording or audiovisual work
consisting of an individual's original or recorded performance, nor the
making or duplication of another recording that consists entirely of the
independent fixation of other sounds, even if such sounds imitate or
simulate the voice of the individual] USE OF A SAMPLE OF ONE SOUND
RECORDING OR AUDIOVISUAL WORK INTO ANOTHER, REMIXING, MASTERING, OR
DIGITAL REMASTERING OF A SOUND RECORDING OR AUDIOVISUAL WORK AUTHORIZED
BY THE COPYRIGHT HOLDER.
d. "sound recordings" are works that result from the fixation of a
series of musical, spoken, or other sounds, but not including the sounds
accompanying a motion picture or other audiovisual work, regardless of
the nature of the material objects, such as disks, tapes, or other
phonorecords, in which they are embodied.
2. a. Any person who uses a deceased personality's name, voice, signa-
ture, photograph, or likeness, in any manner, on or in products,
merchandise, or goods, or for purposes of advertising or selling, or
soliciting purchases of, products, merchandise, goods, or services,
without prior consent from the person or persons specified in subdivi-
sion four of this section, shall be liable for any damages sustained by
the person or persons injured as a result thereof.
b. Any person who uses a deceased performer's digital replica in [a
scripted audiovisual work as a fictional character or for the live
performance of a musical work] AN AUDIOVISUAL WORK, SOUND RECORDING, OR
FOR THE LIVE PERFORMANCE OF A MUSICAL WORK, WITH KNOWLEDGE THAT THE USE
WAS OF A DIGITAL REPLICA AND WAS NOT AUTHORIZED BY THE APPLICABLE RIGHT
HOLDER, shall be liable for any damages sustained by the person or
persons injured as a result thereof if the use occurs without prior
consent from the person or persons in subdivision four of this section[,
if the use is likely to deceive the public into thinking it was author-
ized by the person or persons specified in subdivision four of this
section. A use shall not be considered likely to deceive the public into
thinking it was authorized by the person or persons specified in subdi-
vision four of this section if the person making such use provides a
conspicuous disclaimer in the credits of the scripted audiovisual work,
and in any related advertisement in which the digital replica appears,
stating that the use of the digital replica has not been authorized by
the person or persons specified in subdivision four of this section].
c. In any action brought under this section:
i. the person who violated the section shall be liable to the injured
party or parties in an amount equal to the greater of two thousand
dollars or the compensatory damages suffered by the injured party or
parties, as a result of the unauthorized use, and any profits from the
unauthorized use that are attributable to such use and are not taken
into account in computing the compensatory damages.
ii. in establishing profits under this subdivision, the injured party
or parties shall be required to present proof only of the gross revenue
attributable to the unauthorized use, and the person who violated this
S. 8391 3
section is required to prove [his or her] SUCH PERSON'S deductible
expenses.
iii. punitive damages may also be awarded to the injured party or
parties.
d. For purposes of this subdivision:
i. it shall not be a violation of paragraph a of this subdivision if
the work is a play, book, magazine, newspaper, or other literary work;
musical work or composition; work of art or other visual work; work of
political, public interest, educational or newsworthy value, including
comment, criticism, parody or satire; audio or audiovisual work, radio
or television program, if it is fictional or nonfictional entertainment;
or an advertisement or commercial announcement for any of the foregoing
works.
ii. it shall not be a violation of paragraph b of this subdivision if
the work is of parody, satire, commentary, or criticism; works of poli-
tical or newsworthy value, or similar works, such as documentaries,
docudramas, or historical or biographical works, [regardless of the]
INCLUDING SOME degree of fictionalization; a representation of a
deceased performer as [himself or herself] THEMSELF, [regardless of the]
INCLUDING SOME degree of fictionalization, except in a live performance
of a musical work; de minimis or incidental; or an advertisement or
commercial announcement for any of the foregoing works.
iii. it shall not be a violation of this section if the use of a name,
voice, signature, photograph, or likeness occurs in connection with any
news, public affairs, or sports program or account, regardless of
format, medium or means of transmission, or any political campaign.
iv. it shall not be a violation of this section if the use is of a
name, voice, signature, photograph, or likeness in a commercial medium
solely because the material containing the use is commercially sponsored
or contains paid advertising or product placement, or includes within it
a use in connection with a product, article of merchandise, good, or
service. Rather, it shall be a question of fact whether or not the use
of the deceased personality's name, voice, signature, photograph, or
likeness was so directly connected with the commercial sponsorship or
with the paid advertising or product placement as to constitute a use
for which consent is required under this subdivision.
v. works identified pursuant to this paragraph shall not violate this
section, regardless of the medium or means of transmission.
e. In relation to a violation of paragraph a of this subdivision, if a
work that is protected under paragraph d of this subdivision includes
within it a use in connection with a product, article of merchandise,
good, or service, this use shall not be exempt under paragraph d of this
subdivision, notwithstanding the unprotected use's inclusion in a work
otherwise exempt under paragraph d of this subdivision, if the claimant
proves that this use is so directly connected with a product, article of
merchandise, good, or service as to constitute an act of advertising,
selling, or soliciting purchases of that product, article of merchan-
dise, good, or service by the deceased personality without prior consent
for the use under paragraph a of this subdivision from the person or
persons specified in subdivision four of this section.
3. The rights recognized under this section are property rights, free-
ly transferable or descendible, in whole or in part, by contract,
license, gift, or by means of any trust or any other testamentary
instrument. In the absence of an express transfer in a testamentary
instrument of the deceased personality's rights in [his or her] SUCH
DECEASED PERSONALITY'S name, voice, signature, photograph, or likeness,
S. 8391 4
a provision in the testamentary instrument that provides for the dispo-
sition of the residue of the deceased personality's assets shall be
effective to transfer the rights recognized under this section in
accordance with the terms of that provision. The rights established by
this section shall also be freely transferable or descendible by
contract, license, gift, trust, or any other testamentary instrument by
any subsequent owner of the deceased personality's rights as recognized
by this section. Nothing in this section shall be construed to render
invalid or unenforceable any contract entered into by a deceased person-
ality during [his or her] SUCH DECEASED PERSONALITY'S lifetime by which
the deceased personality assigned the rights, in whole or in part, to
use [his or her] SUCH DECEASED PERSONALITY'S name, voice, signature,
photograph, or likeness.
6. If any deceased personality does not transfer [his or her] SUCH
DECEASED PERSONALITY'S rights under this section by contract, or by
means of a trust or testamentary instrument, and there are no surviving
persons as described in subdivision five of this section, then the
rights set forth in subdivision two of this section shall terminate.
9. Nothing in this section shall apply to the owners or employees of
any medium used for advertising, including, but not limited to, newspa-
pers, magazines, radio and television networks and stations, STREAMING
SERVICES, cable television systems, billboards, and transit advertise-
ments, by whom any advertisement or solicitation in violation of this
section is published or disseminated, unless it is established that the
owners or employees had actual knowledge by prior notification of the
unauthorized use of the deceased performer's digital replica or deceased
personality's name, voice, signature, photograph, or likeness as prohib-
ited by this section.
10. Nothing in this section shall apply to a person that offers a
service that displays, offers for sale or license, sells or licenses a
work of art or other visual work, or audiovisual work, to a user,
provided the terms of such sale or license do not authorize such user to
engage in acts that constitute a violation of this section, UNLESS IT IS
ESTABLISHED THAT THE PERSON RECEIVED A NOTICE FROM THE SUCCESSOR IN
INTEREST OF THE DECEASED PERFORMER'S DIGITAL REPLICA RIGHTS BASED ON A
GOOD FAITH BELIEF THAT THE DISPLAY, OFFER FOR SALE OR LICENSE OF THE
DIGITAL REPLICA ON THE SERVICE IS NOT AUTHORIZED BY THE APPLICABLE RIGHT
HOLDER OR THE LAW, AND THE PERSON HAS NOT REMOVED THE WORK CONTAINING
THE DIGITAL REPLICA AS SOON AS IS TECHNICALLY AND PRACTICALLY FEASIBLE.
§ 2. This act shall take effect immediately.
