STATE OF NEW YORK
________________________________________________________________________
7676--B
Cal. No. 945
2023-2024 Regular Sessions
IN SENATE
October 2, 2023
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Introduced by Sen. RAMOS -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- recommitted to
the Committee on Judiciary in accordance with Senate Rule 6, sec. 8 --
reported favorably from said committee, ordered to first and second
report, ordered to a third reading, amended and ordered reprinted,
retaining its place in the order of third reading -- again amended and
ordered reprinted, retaining its place in the order of third reading
AN ACT to amend the general obligations law, in relation to contracts
for the creation and use of digital replicas
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general obligations law is amended by adding a new
2 section 5-302 to read as follows:
3 § 5-302. 1. Contracts for the creation and use of digital replicas.
4 Any provision in an agreement between an individual and any other person
5 or entity for the performance of personal or professional services is
6 contrary to public policy and shall be void and unenforceable as it
7 relates to a new performance by digital replication if the provision
8 meets all of the following conditions:
9 (a) The provision allows for the creation and use of a digital replica
10 of the individual's voice or likeness in place of work the individual
11 would otherwise have performed in person.
12 (b) The provision does not include a reasonably specific description
13 of the intended use of the digital replica. Failure to include a reason-
14 ably specific description of the intended uses of a digital replica
15 shall not render the provision unenforceable when the uses are consist-
16 ent with the terms of the contract for the performance of personal or
17 professional services and consistent with the fundamental character of
18 the photography or sound track as recorded or performed.
19 (c) The individual was not:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13334-08-4
S. 7676--B 2
1 (i) represented by legal counsel who negotiated on behalf of the indi-
2 vidual licensing the individual's digital replica rights and the licens-
3 ing terms are not stated clearly and conspicuously in an employment
4 contract that is separately signed or initialed by the individual or in
5 a separate writing that is signed by the individual; or
6 (ii) represented by a labor organization representing workers who do
7 the proposed work and the terms of their collective bargaining agreement
8 expressly address uses of digital replicas.
9 2. This section shall not affect provisions of a contract other than a
10 provision that falls under subdivision one of this section.
11 3. As used in this section, "digital replica" means a digital simu-
12 lation of the voice or likeness of an individual that so closely resem-
13 bles the individual's voice or likeness that a layperson would not be
14 able to readily distinguish the digital simulation from the individual's
15 authentic voice or likeness.
16 § 2. This act shall take effect January 1, 2025 and shall apply to
17 contracts entered into or modified on or after such effective date.
