Bill > A08882

This bill amends New York's civil rights law to update and clarify provisions related to the right of publicity for deceased performers and personalities, expanding protections for their digital representations. The bill modifies key definitions, including broadening the concept of a "deceased performer" and "deceased personality" to more comprehensively protect an individual's likeness and commercial value after death. It introduces a more nuanced definition of "digital replica" that covers highly realistic computer-generated representations of a person's voice or visual likeness, whether in newly created works or significantly altered performances. The legislation establishes legal liability for unauthorized use of a deceased performer's digital replica in various contexts, such as audiovisual works or musical performances, and provides mechanisms for right holders to seek damages. The bill maintains several important exceptions for works of artistic, historical, political, or newsworthy value, ensuring that parody, satire, commentary, and certain educational or biographical works remain protected. Additionally, the law clarifies that the rights to a deceased personality's likeness are transferable through various legal mechanisms, including contracts, trusts, and testamentary instruments, and provides specific guidelines for how these rights can be inherited or assigned. The legislation aims to provide clearer legal protections for deceased performers' and personalities' digital likenesses while balancing artistic and commercial interests.

Budget and Finance, Justice

https://www.nysenate.gov/legislation/bills/2025/A8882