NY S08391

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 actually perform or where their performance was materially altered

Removes the requirement that unauthorized digital replica use must be "likely to deceive the public" to be actionable, instead requiring only that the use was made with knowledge it was unauthorized

Eliminates the safe harbor provision that allowed use of digital replicas with a conspicuous disclaimer stating the use was not authorized by rights holders

Adds streaming services to the list of media platforms protected from liability unless they had actual knowledge of unauthorized use of a deceased performer's digital replica

Creates a notice-and-takedown framework requiring platforms that display or license works to remove digital replicas after receiving good faith notice from rights holders that the content is unauthorized