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S07676 Summary:

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S07676 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7676--B
            Cal. No. 945
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                     October 2, 2023
                                       ___________
 
        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.