NY S05959

Establishes a "right of publicity" allowing deceased performers and personalities domiciled in New York to control commercial use of their name, voice, signature, photograph, or likeness after death.

Makes unauthorized use of a deceased personality's identity on products, merchandise, or in advertising liable for damages of at least $2,000 plus actual damages and profits, with possible punitive damages.

Prohibits use of a deceased performer's digital replica in scripted audiovisual works or live musical performances without consent, unless accompanied by conspicuous disclaimer stating use was not authorized.

Creates a private right of action for individuals whose nude or sexually explicit images are created through digitization without consent, with remedies including injunctive relief, punitive damages, compensatory damages, and attorney's fees.

Rights of publicity are transferable by contract, trust, or will; expire 40 years after death; and do not apply to news, sports, political programs, or certain protected expressive works like parody, satire, and documentary films.