# New York S 8391: Relates to the right of publicity

New York S 8391, Relates to the right of publicity, is a 2025-2026 Regular Session Senate bill sponsored by Michael Gianaris (Democratic); status signed, last action 2025-12-11 (SIGNED CHAP.616) (as of 2026-10-15).

- Canonical: https://policyrisk.com/state-bill/NY-S8391-2025
- As of: 2026-10-15
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Bill: New York S 8391
- State: New York
- Session: 2025-2026 Regular Session
- Title: Relates to the right of publicity
- Status: signed
- Chamber: Senate
- Introduced: 2025-06-06
- Last action: 2025-12-11, SIGNED CHAP.616
- Sponsor: Michael Gianaris (Democratic)
- Cosponsors: 0
- Subjects: RULES, JUDICIARY
- Touches household money: no
- Roll calls: 3 (220 yes, 0 no in all)
- Economic provisions PRIA read: 4

## Summary

No summary available.

## Bill overview: provisions PRIA read

- Performer estates face tighter eligibility rules: cost, low. 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 val…
- Creators face narrower performer copy exceptions: mixed, low. 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 f…
- Streaming protections depend on notice responses: mixed, low. 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 pr…
- Stronger rights against digital performer copies: mixed, low. 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…

## Sponsors and cosponsors

- Sponsor: Michael Gianaris (Democratic), Senate

## Roll call votes

| Date | Chamber | Motion | Result | Yes | No | Other |
| --- | --- | --- | --- | --- | --- | --- |
| 2025-06-17 | House | Assembly floor vote | pass | 141 | 0 |   |
| 2025-06-13 | Senate | FLOOR Vote | pass | 59 | 0 |   |
| 2025-06-12 | committee | Rules Committee Vote | pass | 20 | 0 |   |

## Actions (11)

- 2025-12-11: SIGNED CHAP.616 (Senate)
- 2025-12-01: DELIVERED TO GOVERNOR (Senate)
- 2025-06-17: RETURNED TO SENATE (House)
- 2025-06-17: PASSED ASSEMBLY (House)
- 2025-06-17: ORDERED TO THIRD READING RULES CAL.883 (House)
- 2025-06-17: SUBSTITUTED FOR A8882 (House)
- 2025-06-13: REFERRED TO JUDICIARY (House)
- 2025-06-13: DELIVERED TO ASSEMBLY (Senate)
- 2025-06-13: PASSED SENATE (Senate)
- 2025-06-12: ORDERED TO THIRD READING CAL.2025 (Senate)
- 2025-06-06: REFERRED TO RULES (Senate)

## Bill text

- Original, 2025-06-06: [PDF](https://legislation.nysenate.gov/pdf/bills/2025/S8391)

## Related bills

- S 9051: Prohibits artificial intelligence companions from using features which are considered unsafe for minors (signed)
- S 10643: Relates to labor peace agreements and the cannabis industry wage board; repealer (signed)
- A 5175: Requires certain security features and warning labels on baby monitors (signed)
- A 10052: Extends the effectiveness of the authority of the town of Red Hook to impose real estate transfer taxes and to deposit revenue from such taxes into a community… (signed)
- S 9968: Establishes the Harris Hill Volunteer Fire Company Benevolent Association (signed)
- S 8953: Establishes the Clarence Center Volunteer Exempt Firefighter's Benevolent Association (signed)

## Sources
- [Original (PDF)](https://legislation.nysenate.gov/pdf/bills/2025/S8391)

## Related
- [S 9051: Prohibits artificial intelligence companions from using features which are cons…](https://policyrisk.com/state-bill/NY-S9051-2025)
- [S 10643: Relates to labor peace agreements and the cannabis industry wage board; repealer](https://policyrisk.com/state-bill/NY-S10643-2025)
- [A 5175: Requires certain security features and warning labels on baby monitors](https://policyrisk.com/state-bill/NY-A5175-2025)
- [A 10052: Extends the effectiveness of the authority of the town of Red Hook to impose re…](https://policyrisk.com/state-bill/NY-A10052-2025)
- [S 9968: Establishes the Harris Hill Volunteer Fire Company Benevolent Association](https://policyrisk.com/state-bill/NY-S9968-2025)
- [S 8953: Establishes the Clarence Center Volunteer Exempt Firefighter's Benevolent Assoc…](https://policyrisk.com/state-bill/NY-S8953-2025)
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Source: PRIA, https://policyrisk.com/state-bill/NY-S8391-2025 (as of 2026-10-15).