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New YorkS 83912025-2026 Regular SessionSenate

Relates to the right of publicity

Sponsored By: Michael Gianaris (Democratic)

Signed by Governor

RULESJUDICIARY

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 0 benefits, 1 costs, 3 mixed.

Performer estates face tighter eligibility rules

The law limits which deceased performers qualify for these rights. New York must have been the person’s legal home at death. The person must have regularly acted, sung, danced, or played an instrument for pay or a living. Their name, voice, signature, photo, or likeness must have had commercial value at death or gained value because of death.

Creators face narrower performer copy exceptions

The law revises exceptions for works using deceased performers’ digital replicas. Documentaries, docudramas, historical works, biographies, and portrayals of performers as themselves can include some fictional details. The law no longer describes these works as protected regardless of how much is fictional. Exceptions also cover specified parody, satire, commentary, criticism, and political or newsworthy works. Portraying a performer as themself in a live musical performance does not qualify for that portrayal exception.

Streaming protections depend on notice responses

Streaming services and their workers gain stated liability protection for ads using a person’s name, voice, signature, photo, or likeness. That protection does not apply when prior notice gave them actual knowledge of the unauthorized use. Services displaying, selling, or licensing works receive protection only when their terms do not allow users to violate publicity rights. A deceased performer’s successor can send notice based on a good-faith belief that a digital replica work is unauthorized. After that notice, a service loses protection if it fails to remove the work as soon as technically and practically feasible.

Stronger rights against digital performer copies

Effective immediately, the law expands protection against knowing, unauthorized use of a deceased performer’s digital replica in videos, sound recordings, and live musical performances. Video uses no longer need to portray fictional characters or be likely to fool the public. A digital replica is a new, highly realistic computer-made voice or likeness that clearly identifies the person. It covers appearances or performances the person never gave, or whose basic character was greatly changed. Specified samples, remixes, mastering, and digital remastering are excluded when the copyright owner approves them.

Sponsors & Cosponsors

Sponsor

  • Michael Gianaris

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 220 • No: 0

House vote • 6/17/2025

Assembly floor vote

Yes: 141 • No: 0

Senate vote • 6/13/2025

FLOOR Vote

Yes: 59 • No: 0

committee vote • 6/12/2025

Rules Committee Vote

Yes: 20 • No: 0

Actions Timeline

  1. SIGNED CHAP.616

    12/11/2025Senate

  2. DELIVERED TO GOVERNOR

    12/1/2025Senate

  3. RETURNED TO SENATE

    6/17/2025House

  4. PASSED ASSEMBLY

    6/17/2025House

  5. ORDERED TO THIRD READING RULES CAL.883

    6/17/2025House

  6. SUBSTITUTED FOR A8882

    6/17/2025House

  7. REFERRED TO JUDICIARY

    6/13/2025House

  8. DELIVERED TO ASSEMBLY

    6/13/2025Senate

  9. PASSED SENATE

    6/13/2025Senate

  10. ORDERED TO THIRD READING CAL.2025

    6/12/2025Senate

  11. REFERRED TO RULES

    6/6/2025Senate

Bill Text

  • Original

    6/6/2025

    PDF

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