NY S08391: Relates to the right of publicity; amends the definitions of "deceased performer", "deceased personality" and "digital replica" in relation to the ri…

In one paragraph

New York's S 8391 amends the post-mortem right of publicity (Civil Rights Law § 50-f). Using a deceased performer's digital replica in an audiovisual work, sound recording or live musical performance without the rights holders' prior consent creates liability if the user knew the use was of a digital replica and unauthorized. This replaces the old rule, which covered only scripted fictional-character uses and live musical performances and required a use likely to deceive the public, a test a conspicuous disclaimer defeated. Damages: the greater of $2,000 or compensatory damages, plus profits; punitive damages possible. Signed December 11, 2025 (Chapter 616); effective immediately.

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

What it means for business

If you use a digital replica of a deceased performer domiciled in New York at death in an audiovisual work, sound recording or live music performance, get the rights holders' prior consent; a disclaimer is no longer a defense. Damages are at least $2,000.

Key provisions

1. 1Deceased performer now means a deceased personality (a person domiciled in New York at death whose name, voice, signature, photograph or likeness has commercial value) who, for gain or livelihood, was regularly engaged in acting, singing, dancing or playing a musical instrument
2. 2Digital replica: a newly created, computer-generated, highly realistic electronic representation readily identifiable as an individual's voice or visual likeness in a sound recording, image, audiovisual work or transmission, where the individual did not perform or appear, or the performance's fundamental character was materially altered; electronic reproduction, sampling, remixing, mastering or digital remastering authorized by the copyright holder is excluded
3. 3Liability (§ 50-f(2)(b)) for using a deceased performer's digital replica in an audiovisual work, sound recording or live performance of a musical work, with knowledge that the use was of a digital replica and was not authorized by the applicable right holder, without prior consent of the rights holders under § 50-f(4); previously it covered only scripted audiovisual works (as a fictional character) and live musical performances, with no knowledge element
4. 4Repeals the requirement that the use be likely to deceive the public and the safe harbor for a conspicuous disclaimer that the use was not authorized
5. 5Damages: the greater of $2,000 or compensatory damages, plus attributable profits not counted in compensatory damages; punitive damages may be awarded. No action for uses more than 40 years after death (§ 50-f(8)); a successor or licensee has no claim for uses before it registers its claim with the Secretary of State (§ 50-f(7))
6. 6Not violations: parody, satire, commentary or criticism; works of political or newsworthy value such as documentaries, docudramas and historical or biographical works, including some fictionalization; portraying the performer as themself (except in a live musical performance); and de minimis or incidental uses
7. 7Advertising media owners and employees, now expressly including streaming services, are not liable without actual knowledge by prior notification; a service that displays, offers, sells or licenses works of art, visual or audiovisual works on terms that do not authorize violations is not liable unless it got a good-faith notice from the successor in interest and has not removed the work as soon as technically and practically feasible (the notice-and-removal condition is new)
8. 8Signed December 11, 2025 (Chapter 616 of 2025); took effect immediately

Latest legislative action

Dec 11, 2025. Signed Chapter 616 of 2025

Sponsors

Roll call votes

Related and companion bills

• New York A08882Relates to the right of publicity; amends the definitions of "deceased performer", "decea…
• New York A08611Clarifies the right of publicity including the definitions of who and what qualifies as a…