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NY A08882

Bill

Status

Introduced

6/9/2025

Primary Sponsor

Tony Simone

Click for details

Origin

Assembly

2025-2026 General Assembly

AI Summary

  • Expands the definition of "digital replica" to include any highly realistic computer-generated representation of a person's voice or visual likeness in sound recordings, images, or audiovisual works where the person did not perform or where their performance was materially altered

  • Removes the requirement that unauthorized use of a deceased performer's digital replica must be "likely to deceive the public" to establish liability, replacing it with a simpler knowledge-based standard requiring only that the user knew it was an unauthorized digital replica

  • Eliminates the safe harbor provision that allowed users to avoid liability by including a conspicuous disclaimer stating the digital replica use was not authorized

  • Broadens the media safe harbor provision to include streaming services alongside newspapers, magazines, radio, television, and other advertising mediums

  • Adds a notice-and-takedown requirement for services that display or sell audiovisual works, making them liable if they fail to remove unauthorized digital replicas after receiving a good faith notice from the rights holder

Legislative Description

Relates to the right of publicity; amends the definitions of "deceased performer", "deceased personality" and "digital replica" in relation to the right of publicity; relates to the use of a deceased performer's digital replica without authorization by the applicable right holder.

Last Action

substituted by s8391

6/17/2025

Committee Referrals

Rules6/17/2025
Ways and Means6/16/2025
Judiciary6/9/2025

Full Bill Text

No bill text available