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NY A08882
Bill
Status
6/9/2025
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 in sound recordings, images, or audiovisual works where the person did not perform or where their performance was materially altered
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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
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Eliminates the safe harbor provision that allowed users to avoid liability by including a conspicuous disclaimer stating the digital replica use was not authorized
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Broadens the media safe harbor provision to include streaming services alongside newspapers, magazines, radio, television, and other advertising mediums
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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