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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…

In Committee New York · 2025–2026 session

Last verified Oct 20, 2026 · official bill text

A08611 · where it stands

1 of 5 steps complete
  1. Introduced In committee
  2. Passed first chamber
  3. Passed both chambers
  4. Enacted
  5. Effective
What do these statuses mean?
Introduced
Filed in the legislature; may be waiting for a committee hearing.
Passed a chamber
Approved by one or both chambers; awaiting further action.
Enacted
Signed into law, or became law without a signature or over a veto.
Effective date
The date the law says it takes effect. Once it has passed, the page shows "Effective" and the date. A court order can still block a law; if we know of one, the summary says so.
Dead / vetoed
Vetoed, failed, or the session ended without action.
View full title

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…

In one paragraph

New York's A 8611 would amend Civil Rights Law § 50-f to define "digital replica" as a computer-generated "highly realistic electronic representation" readily identifiable as a person's voice or likeness. Producing, distributing or making available a deceased personality's digital replica in an expressive audiovisual work or sound recording without consent would carry liability for the greater of $10,000 or actual damages, with news, commentary, documentary and similar exemptions. The post-mortem term would rise from forty to seventy years. Would take effect immediately. Referred to Judiciary May 22, 2025 (and January 7, 2026); it has not passed either chamber.

Plain-English summary, written with AI assistance. The official text controls.

What it means for business

None yet: the bill is pending. If enacted, anyone producing or distributing a deceased person's computer-generated digital replica in audiovisual works or recordings without consent could owe at least $10,000, subject to exemptions.

Key provisions

  1. Amends Civil Rights Law § 50-f: "deceased personality" means any deceased natural person domiciled in New York at death; the "deceased performer" category is deleted
  2. New definition of "digital replica": a highly realistic, readily identifiable computer-generated representation of an individual's voice or visual likeness where the individual did not perform or the performance was materially altered
  3. Subd. 3(A): producing, distributing or making available a deceased personality's digital replica in an expressive audiovisual work or sound recording without consent makes a person liable for "the greater of ten thousand dollars or the actual damages"
  4. Subd. 3(B) exemptions: bona fide news, public affairs or sports; commentary, criticism, scholarship, satire or parody; documentary or biographical works (unless they create a false impression of an authentic recording); fleeting or incidental use; related advertisements
  5. Advertising use without consent remains liable for the greater of $2,000 or compensatory damages, and punitive damages may be awarded
  6. Rights last until "seventy years" after death (previously forty); successors may register claims with the Secretary of State
  7. Section 2 amends § 3 of Chapter 304 of the Laws of 2020 so the provisions apply to individuals who died prior to and after that date
  8. Would take effect immediately; introduced May 22, 2025, referred to Judiciary, with no further action

Latest legislative action

Jan 7, 2026. referred to judiciary

Sponsors (showing 5 of 28)

NameRole
Primary
Primary
D Primary
Primary
D Cosponsor

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This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error