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S10493 Summary:

BILL NOS10493
 
SAME ASSAME AS A07295
 
SPONSORBOTTCHER
 
COSPNSR
 
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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S10493 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10493
 
                    IN SENATE
 
                                      May 15, 2026
                                       ___________
 
        Introduced  by Sen. BOTTCHER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes
 
        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-
    21  cation of a sexually explicit depiction of an individual, is amended  to
    22  read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10953-03-6

        S. 10493                            2
 
     1    § 3. This act shall take effect on the one hundred eightieth day after
     2  it  shall  have  become  a  law[,  and]; provided that the provisions of
     3  section 50-f of the civil rights law as amended by section one  of  this
     4  act  shall  apply to all living individuals and to any deceased individ-
     5  uals who died [on or after] prior to and after such date.
     6    § 4. This act shall take effect immediately.
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