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Who cares
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Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act amended the civil rights law, in relation to prohibiting the use of the name, portrait and/or picture of a deceased personality
Purpose
This legislation would provide a right to privacy and publicity for deceased persons.
Summary of provisions
Section 1 amends the civil rights law by adding a new section prohibiting the use of a persona of any deceased personality for advertising purposes without the written consent of the person or persons who have a registered claim. Section 1 also provides definitions and stipulates that nothing in this section prohibits the of use of a deceased personality's persona that occurs after the expiration of twenty-five years following the death of that deceased personality. Section 2 states that if any portion of this act is rendered invalid by a court, such judgment will not invalidate the remainder of the act, but will be confined to the clause involved in the controversy. Section 3 establishes the effective date as the first of January succeeding the date on which it becomes law.
Justification
This legislation, in upholding New York State's long standing protection of the First Amendment of the United States Constitution, is carefully tailored to protect the rights of copyright holders of photographic images of living and deceased celebrities, artists, print publishers, and celebrities who die after the effective date of this act. In adhering to the tenets of the State's Constitution and the Due Process Clause of the United States Constitution, this legislation will provide the family members/legatee's of deceased celebrities, who die subsequent to the effective date, certain rights to control the use of the decedent's name, likeness and image by requiring written consent of those who have registered their claim of rights to that persona. This legislation continues to protect the right of the artist/photographer, and their assigns, to exhibit and sell multiple editions of prints and delineates certain uses of a celebrity's image which are beneficial to the public, but are not intended to use the celebrity's image solely for advertising purposes.
Legislative history
New legislation.
Fiscal implications
None.
Effective date
This act shall take effect on the first of January next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.