NY S07676: Establishes contract requirements for contracts involving the creation and use of digital replicas.

In one paragraph

New York's S 7676-B adds General Obligations Law § 5-302. A clause in a personal or professional services agreement is void as to new performances by digital replication if it lets a digital replica of the person's voice or likeness replace work they would have done in person, lacks a reasonably specific description of the intended use, and the person was not represented by counsel who negotiated the replica license (the text also refers to terms stated clearly and conspicuously in a signed writing) or by a union whose bargaining agreement expressly addresses digital replicas. Signed December 13, 2024 (Chapter 581); effective January 1, 2025, for contracts made or modified from then on.

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

What it means for business

For services contracts made or changed from 2025, a clause letting a digital replica of a person's voice or likeness replace in-person work is void as to new digital performances unless it describes the uses reasonably specifically or the person had counsel or union representation as required.

Key provisions

1. 1Adds General Obligations Law § 5-302 on contracts for the creation and use of digital replicas
2. 2Digital replica: a digital simulation of an individual's voice or likeness that so closely resembles it that a layperson could not readily distinguish it from the authentic voice or likeness
3. 3A provision in an agreement between an individual and another person or entity for personal or professional services is contrary to public policy, void and unenforceable as it relates to a new performance by digital replication, if all three conditions are met
4. 4Condition 1: the provision allows creating and using a digital replica of the individual's voice or likeness in place of work the individual would otherwise have performed in person
5. 5Condition 2: it lacks a reasonably specific description of the intended use; a missing description does not void it when the uses are consistent with the services contract and with the fundamental character of the photography or sound track as recorded or performed
6. 6Condition 3: the individual was not represented by legal counsel who negotiated the licensing of the digital replica rights 'and the licensing terms are not stated clearly and conspicuously' in a separately signed or initialed employment contract or separate signed writing; or was not represented by a labor organization whose collective bargaining agreement expressly addresses digital replicas
7. 7Other provisions of the contract are not affected
8. 8Signed December 13, 2024 (Chapter 581 of 2024); effective January 1, 2025, applying to contracts entered into or modified on or after that date

Latest legislative action

Dec 13, 2024. Signed Chapter 581 of 2024

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