PRIA Logo™
New YorkS 83912025-2026 Regular SessionSenate

Relates to the right of publicity

Sponsored By: Michael Gianaris (Democratic)

Became Law

RULESJUDICIARY

Your PRIA Score

Score Hidden

Personalized for You

How does this bill affect your finances?

Sign up for a PRIA Policy Scan to see your personalized alignment score for this bill and every other piece of legislation we track. We analyze your financial profile against policy provisions to show you exactly what matters to your wallet.

Free to start

Bill Overview

Analyzed Economic Effects

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

Heirs control ads and digital replicas

Estates or other right holders must consent before a deceased personality’s name, voice, signature, photo, or likeness is used on products or in ads. Using a deceased performer’s digital replica in video, sound recordings, or live musical shows also requires consent. It applies when the user knows it is a digital replica and lacks authorization from the right holder. Unauthorized uses are liable for the greater of $2,000 or actual damages, plus any profits; punitive damages can apply. A digital replica is a computer-made, highly realistic copy of a person’s voice or look, excluding authorized samples, remixes, mastering, or remastering.

Who qualifies and how rights pass

A deceased performer lived in New York at death and regularly performed for pay as an actor, singer, dancer, or musician. A deceased personality lived in New York at death and had commercial value in their name, voice, photo, or likeness. Postmortem publicity rights are property. They can transfer by contract, license, gift, trust, or will, including by a residuary clause. If no transfer exists and no qualifying survivors remain, the rights end.

Expressive-use and platform safe harbors

Books, news, commentary, parody, and many documentaries are exempt from liability. Very small or incidental uses are also exempt. The exemption does not apply when the use acts as advertising for a product or service. Ad media owners and employees are not liable just for running an ad unless they had prior notice of an unauthorized use. Online stores and platforms avoid liability if their terms do not allow violations and they promptly remove works after a good-faith notice.

Sponsors & Cosponsors

Sponsor

  • Michael Gianaris

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 79 • 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

Related Bills

Back to State Legislation