What's happening
This bill extends publicity rights for deceased people from 40 to 70 years after death.
Why it matters
Impacts heirs and estates of deceased New Yorkers by extending the period during which they can control and potentially monetize the use of a loved one’s name, image, or likeness from 40 to 70 years after death, giving families and estates a longer window to protect or license these rights.
Applies retroactively to all deceased individuals, not just those who die after the bill becomes law, potentially affecting businesses, publishers, advertisers, and creators statewide who use or plan to use the identities of long-dead New Yorkers for commercial gain.
Strengthens legal recourse for unauthorized use by expanding what counts as infringement to include “substantially similar imitation” of a deceased person’s identity, which could make it easier to bring lawsuits and deter exploitation of famous personalities’ images in New York.
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Who cares
Heirs and Estates of Deceased Personalities
The bill extends the right of publicity from 40 to 70 years after death and applies retroactively, meaning heirs can control and potentially profit from the use of a deceased personality’s attributes for a much longer period.
Advertisers, Marketers, and Media Companies
These groups must now ensure they have proper consent to use the name, likeness, or similar imitations of deceased personalities for up to 70 years after death, potentially increasing legal compliance costs and reducing the pool of personalities available for commercial use.
Entertainment Industry (including Film, TV, and Merchandising)
Studios, producers, and merchandisers need to navigate extended rights clearances for deceased celebrities, impacting biopics, documentaries, and merchandise based on those figures.
Legal Professionals and Rights Management Firms
Law firms and agencies specializing in intellectual property, estate, and publicity rights will see increased demand for their services, given the longer timeframe and retroactive application of these rights.
Headline styles
Expand Publicity Rights Duration
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- 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.
Extend Right of Publicity
In Assembly Committee · Judiciary · Sponsor Tony Simone
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
10493
IN SENATE
May 15, 2026
Introduced by Sen. BOTTCHER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the civil rights law, in relation to expanding the right of publicity to seventy years after the death of the deceased personality; and to amend chapter 304 of the laws of 2020 amending the civil rights law relating to establishing the right of publicity and to providing a private right of action for unlawful dissemination or publication of a sexually explicit depiction of an individual, in relation to the application thereof
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph a of subdivision 2 of section 50-f of the civil rights law, as added by chapter 304 of the laws of 2020, is amended to read as follows:
a. Any person who uses a deceased personality's name, voice, signature, photograph, [or] likeness, or a substantially similar imitation of one or more of those attributes, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods, or services, without prior consent from the person or persons specified in subdivision four of this section, shall be liable for any damages sustained by the person or persons injured as a result thereof.
§ 2. Subdivision 8 of section 50-f of the civil rights law, as added by chapter 304 of the laws of 2020, is amended to read as follows:
8. An action shall not be brought under this section by reason of any use of a deceased personality's name, voice, signature, photograph, or likeness occurring after the expiration of [forty] seventy years after the death of the deceased personality.
§ 3. Section 3 of chapter 304 of the laws of 2020, amending the civil rights law relating to establishing the right of publicity and to providing a private right of action for unlawful dissemination or publication of a sexually explicit depiction of an individual, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10953-03-6
§ 3. This act shall take effect on the one hundred eightieth day after it shall have become a law[, and]; provided that the provisions of section 50-f of the civil rights law as amended by section one of this act shall apply to all living individuals and to any deceased individuals who died [on or after] prior to and after such date.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the civil rights law, in relation to expanding the right of publicity to seventy years after the death of the deceased personal- ity; and to amend chapter 304 of the laws of 2020 amending the civil rights law relating to establishing the right of publicity and to providing a private right of action for unlawful dissemination or publication of a sexually explicit depiction of an individual, in relation to the application thereof
Purpose or general idea of bill
To expand the state's right of publicity to be for 70 years, to include substantially similar imitations of a person's identifiers, and to make the right retroactive, expanding it to people who died before May 29, 2021.
Summary of provisions
Section 1 amends paragraph a of subdivision 2 of section 50-f of the New York Civil Rights law to include substantially similar imitations of identifiers
Section 2 amends subdivision 8 of section 50-f of the New York Civil Rights Law to extend the right of publicity for 70 years
Section 3 amends section 3 of chapter 304 of the laws of 2020 to set the right of publicity retroactively
Section 4 establishing the effective date
Justification
A right of publicity is the right of an individual to control their identifiable aspects of their being, including name, portrait, picture, voice, signature, photograph, or likeness. Due to laws passed in 2020, the right of publicity extends to the dead for a period of 40 years after their death. However, this bill did not apply to individuals who died before the bill effective date May 29,2021.
This bill would build on our existing right of publicity and put New York in line with other states like California by extending the right to be valid for 70 years after death, as well as retroactively recognizing those who died before the 2020 law went into effect. This 70 year time frame would better reflect the average lifespan of an inheritor.
The bill does not intend to infringe on the free speech of any individ- ual, as fair use protections were built into the 2020 law including but not limited to: artistic works, parody, and newsworthiness.
Legislative history
This is a new bill.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.