STATE OF NEW YORK
________________________________________________________________________
7676--A
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
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. Contracts for the creation and use of digital replicas. Any
4 provision in an agreement between an individual and any other person or
5 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 1. 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 2. The provision does not include a reasonably specific description of
13 the intent of the digital replica.
14 3. The individual was not:
15 (a) represented by legal counsel who negotiated on behalf of the indi-
16 vidual licensing the individual's digital replica rights and the licens-
17 ing terms are not stated clearly and conspicuously in an employment
18 contract that is separately signed or initialed by the individual or in
19 a separate writing that is signed by the individual; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13334-02-4
S. 7676--A 2
1 (b) represented by a labor organization representing workers who do
2 the proposed work and the terms of their collective bargaining agreement
3 expressly cover uses of digital replicas.
4 § 2. This act shall take effect January 1, 2025 and shall apply to
5 contracts entered into or modified on or after such effective date.
