Bill > S08391

This bill amends New York's civil rights law to enhance protections for the publicity rights of deceased performers and personalities by updating key definitions and provisions related to digital replicas. The bill redefines "deceased performer" and "deceased personality" to more precisely describe individuals whose names, likenesses, or performances have commercial value, and significantly expands the definition of "digital replica" to include highly realistic computer-generated representations of a person's voice or visual likeness. The legislation establishes legal mechanisms for right holders to seek damages if their deceased relative's digital replica is used without authorization, particularly in audiovisual works, sound recordings, or live musical performances. The bill provides several exceptions to these protections, including for works of parody, satire, political commentary, news reporting, and educational or biographical content. It also clarifies that publicity rights are transferable property rights that can be passed down through contracts, trusts, or testamentary instruments, and specifies that unauthorized commercial use of a deceased personality's likeness can result in financial compensation for the right holders. The law aims to protect the posthumous commercial and artistic interests of performers while maintaining space for creative and journalistic expression.

Justice

https://www.nysenate.gov/legislation/bills/2025/S8391