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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…
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
- 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
- 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
- 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"
- 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
- Advertising use without consent remains liable for the greater of $2,000 or compensatory damages, and punitive damages may be awarded
- Rights last until "seventy years" after death (previously forty); successors may register claims with the Secretary of State
- 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
- 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)
| Name | Role |
|---|---|
| FERNANDEZ | Primary |
| KAVANAGH | Primary |
| Michaelle C. Solages D | Primary |
| REYES | Primary |
| Amanda Septimo D | Cosponsor |
Topics and industries
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Affected industries
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