What's happening
Writing a plain-English summary… Track this bill to get it by email.
Why it matters
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Sponsors
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Provides that a property right exists in a deceased individual's persona for seventy years after the death of the individual
In Assembly Committee · Judiciary · Sponsor Joseph Morelle
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5650
Title of bill
An act to amend the civil rights law and the civil practice law and rules, in relation to the right of publicity
Summary of provisions
Section 1 - Amends the Civil Rights Law by adding a new article 3-A Adds a new section 30 - Definitions. Adds a new section 31 - Property right established. Adds a new section 32 - Prohibited uses Adds a new section 33 - Consent Adds a new section 34 - Exemptions from use restrictions. Adds a new section 35 - Applicability Adds a new section 36 - Remedies Adds a new section 37 - Enforcement of rights
Section 2 - Amends Subdivision 3 of section 215 of the civil practice law and rules.
Section 3 - Provides for a savings clause to prevent impairment of the act.
Section 4- Effective date.
Justification
This bill provides for a "right of publicity" for deceased personalities and grants this property right to a deceased personality's estate for a term of seventy (70) years following their death. This right of publicity would safeguard the significant and cherished right of deceased personalities in New York while simultaneously protecting the First Amendment considerations of interested parties and businesses. This balanced approach will provide important protections against commercial exploitation of the name, portrait, picture, voice, signature, photograph, image, likeness, bodies of work or similar matters relating to a deceased personality. This legislation also limits the enforcement of the prohibitions outlined in the bill to seventy (70) years following the death of a personality. New York's deceased personalities, in many instances, spent entire careers building reputations and bodies of work that are a property right that should not be extinguished with their passing. This property right should also be protected after their passing and may be transferred by written contract or testamentary instrument. This bill would protect the legitimate and authorized commercial use of the right of publicity for deceased individuals while providing protections from unscrupulous individuals or entities attempting to commercially exploit.
Legislative history
S.5196-A.7843 2013-14
Fiscal implications
None to the State
Effective date
This act shall take effect one year after it shall become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.