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NY A08611
Bill
Status
5/22/2025
Primary Sponsor
Tony Simone
Click for details
AI Summary
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Expands the definition of "digital replica" to include any highly realistic computer-generated representation of a person's voice or visual likeness, covering alterations to actual performances as well as entirely fabricated ones
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Removes the requirement that a deceased personality must have had "commercial value" at death, extending publicity rights to all deceased New York residents regardless of prior fame or commercial use
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Creates new liability for producing, distributing, or making available digital replicas of deceased personalities in audiovisual works or sound recordings without consent, with minimum damages of $10,000
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Extends the statute of limitations for right of publicity claims from 40 years to 70 years after a deceased personality's death
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Exempts from liability digital replicas used in bona fide news coverage, commentary, criticism, satire, parody, documentaries, and historical or biographical works, unless they falsely imply the individual participated in an authentic recording
Legislative Description
Clarifies the right of publicity including the definitions of who and what qualifies as a digital replica; provides guidance as to digital replicas that do not violate an individual or deceased individual's right to publicity; expands the statute of limitations for an action brought for violating an individual's right to publicity.
Last Action
referred to judiciary
1/7/2026