Bill > A08611

This bill clarifies and expands New York's right of publicity law, focusing primarily on digital replicas of deceased personalities. The bill provides more precise definitions for terms like "digital replica," which is now defined as a highly realistic electronic representation of an individual's voice or visual likeness that can be readily identified. The legislation establishes when using such digital replicas might constitute a legal violation, creating specific exceptions for uses in news broadcasts, documentaries, commentary, parody, and other protected forms of expression. The bill significantly extends the statute of limitations for right of publicity claims from 40 to 70 years after an individual's death, giving heirs and representatives a longer window to pursue legal action. It also creates a mechanism for registering claims of succession with the secretary of state and specifies that these rights are transferable property rights that can be passed down through contracts, trusts, or other testamentary instruments. The law provides financial remedies for unauthorized use, including potential damages of at least $10,000 or actual damages suffered, and explicitly states that these provisions are meant to complement, not replace, existing legal protections. Importantly, the bill applies retroactively to both living individuals and deceased individuals who died before or after the law's effective date, making it a comprehensive update to New York's right of publicity statutes.

Justice

https://www.nysenate.gov/legislation/bills/2025/A8611