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A07295 Summary:

BILL NOA07295
 
SAME ASSAME AS S10493
 
SPONSORSimone
 
COSPNSRGlick
 
MLTSPNSR
 
Amd §50-f, Civ Rts L; amd §3, Chap 304 of 2020
 
Expands the right of publicity to seventy years following the death of a deceased personality; makes the provisions of such section granting a right of publicity applicable to all deceased persons until the end of such 70 year period.
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A07295 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7295
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 25, 2025
                                       ___________
 
        Introduced by M. of A. SIMONE -- read once and referred to the Committee
          on Judiciary
 
        AN ACT to amend the civil rights law, in relation to expanding the right
          of  publicity to seventy years after the death of the deceased person-
          ality; and to amend chapter 304 of the laws of 2020 amending the civil
          rights law relating to establishing the  right  of  publicity  and  to
          providing a private  right  of  action  for  unlawful dissemination or
          publication  of  a  sexually explicit depiction   of an individual, in
          relation to the application thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph a of subdivision 2 of section 50-f of the civil
     2  rights law, as added by chapter 304 of the laws of 2020, is  amended  to
     3  read as follows:
     4    a.  Any  person  who uses a deceased personality's name, voice, signa-
     5  ture, photograph, [or] likeness, or a substantially similar imitation of
     6  one or more of those attributes, in  any  manner,  on  or  in  products,
     7  merchandise,  or  goods,  or  for purposes of advertising or selling, or
     8  soliciting purchases of,  products,  merchandise,  goods,  or  services,
     9  without  prior  consent from the person or persons specified in subdivi-
    10  sion four of this section, shall be liable for any damages sustained  by
    11  the person or persons injured as a result thereof.
    12    §  2.  Subdivision 8 of section 50-f of the civil rights law, as added
    13  by chapter 304 of the laws of 2020, is amended to read as follows:
    14    8. An action shall not be brought under this section by reason of  any
    15  use  of  a deceased personality's name, voice, signature, photograph, or
    16  likeness occurring after the expiration of [forty] seventy  years  after
    17  the death of the deceased personality.
    18    §  3. Section 3 of chapter 304 of the laws of 2020, amending the civil
    19  rights law relating to  establishing  the  right  of  publicity  and  to
    20  providing a private right of action for unlawful dissemination or publi-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10953-02-5

        A. 7295                             2
 
     1  cation  of a sexually explicit depiction of an individual, is amended to
     2  read as follows:
     3    § 3. This act shall take effect on the one hundred eightieth day after
     4  it  shall  have  become  a  law[,  and]; provided that the provisions of
     5  section 50-f of the civil rights law as amended by section one  of  this
     6  act  shall  apply to all living individuals and to any deceased individ-
     7  uals who died [on or after] prior to and after such date.
     8    § 4. This act shall take effect immediately.
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