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NY A08611

NY A08611: Clarifies the right of publicity including the definitions of who and what qualifies as a digital replica; provides guidance as to digital replicas t… Reviewed

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Clarifies the right of publicity including the definitions of who and what qualifies as a digital replica; provides guidance as to digital replicas that do not violate an individual or deceased individual's right to publicity; expands the statute of limitations for an action brought for violating…

AI Summary

This bill clarifies the right of publicity, addresses digital replicas, and discusses the statute of limitations for related claims.

Business Impact

If you use digital replicas of individuals in New York, you must obtain consent or face potential damages.

State
New York
Bill Number
A08611
Status
Introduced
Risk Level
Medium
Category
Amendment
Effective Date
Nov 18, 2025
Last Action
Jan 7, 2026
Last Verified
May 4, 2026
Data Updated
May 4, 2026
What do these statuses mean?
Introduced — Filed in the legislature; not yet heard in committee
In Committee — Assigned to and being reviewed by a legislative committee
Passed — Approved by one or both chambers; awaiting further action
Signed / Enacted — Signed into law by the governor; may or may not be in effect yet
Dead / Vetoed — Vetoed, failed to pass, or session expired without action
Unknown — Status data not yet available or awaiting classification

Affected Industries

Advertising Technology Entertainment

Topics How we classify →

What This Means

This legislation aims to clarify the right of publicity in New York, particularly concerning digital replicas of individuals. Specific definitions require confirmation from the full bill text.

Key Provisions

Latest Legislative Action

referred to judiciary

Bill Sponsors (showing 5 of 28)

Name Role
Primary
Primary
Primary
Primary
Cosponsor

Compliance Checklist

Obtain consent for using digital replicas of deceased personalities.
Who: Businesses using likenesses in advertising or entertainment.
Penalty: Liability for damages if consent is not obtained.
Register claims of rights to deceased personalities with the Secretary of State.
Who: Successors in interest to the rights of deceased personalities.
Penalty: No cause of action for unauthorized use before registration.

Related & Companion Bills

New York A08882 — Relates to the right of publicity; amends the definitions o…

Full Legal Analysis

Based on the bill's official description, it seeks to clarify the right of publicity, particularly regarding digital replicas. Specific definitions, exemptions, and the statute of limitations require confirmation from the full bill text. The bill's addressing of liability for unauthorized use of a deceased personality's likeness also needs verification from the full bill text.

Official Source


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