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NY S5959: Establishes the right of publicity and provides for a private right of action for unlawful dissemination or publication of a sexually explicit depict…

Enacted New York · 2019–2020 session

Last verified Oct 12, 2026 · official bill text

S5959 · where it stands

4 of 5 steps complete
  1. Introduced Complete
  2. Passed first chamber Complete
  3. Passed both chambers Complete
  4. Enacted Complete
  5. Effective Date not recorded
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
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View full title

Establishes the right of publicity and provides for a private right of action for unlawful dissemination or publication of a sexually explicit depiction of an individual

In one paragraph

Chapter 304 of 2020 adds Civil Rights Law 50-f, a post-mortem right of publicity. Using a deceased performer's digital replica (a realistic computer-generated performance) in a scripted audiovisual work or live musical performance without the rights holder's consent creates liability of at least $2,000, unless a conspicuous disclaimer says the use was not authorized. It also adds section 52-c, a civil action for a person depicted through digitization (realistic computer-generated or altered nude images or sexual conduct) against anyone who disseminates the material without consent. Effective on the 180th day after it became law.

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

What it means for business

Studios, advertisers, music and game producers using AI or CGI recreations of deceased New York performers need rights-holder consent or disclaimers. Platforms and publishers face civil liability exposure for knowingly spreading non-consensual sexual deepfakes.

Key provisions

  1. Civil Rights Law 50-f: post-mortem right of publicity, registrable with the Secretary of State
  2. Defines digital replica as a realistic computer-generated or electronic performance the individual did not actually give
  3. Unauthorized use of a deceased performer's digital replica in scripted audiovisual works or live musical performances creates liability (greater of $2,000 or actual damages) unless a conspicuous non-authorization disclaimer is given
  4. Civil Rights Law 52-c: private right of action for sexually explicit depictions created or altered by digitization
  5. 52-c remedies: injunctive relief, compensatory and punitive damages, costs and attorney's fees; Section 230 protections preserved

Latest legislative action

Nov 30, 2020. Signed by Governor November 30, 2020. Chapter 304 of 2020.

Topics and industries

Related topics

AI Likeness

Affected industries

MediaTechnology

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

Related AI laws in New York

All New York bills →
A8808 Enacts into law major components of legislation necessary to implement the state S08391 Relates to the right of publicity; amends the definitions of "deceased performer S01042 Includes "deep fake" images created by digitization within the definition of unl S08721 Creates penalties for likenesses altered or created by artificial intelligence b S06278 Establishes the crime of aggravated harassment by means of electronic or digital A08611 Clarifies the right of publicity including the definitions of who and what quali

Same topic in other states

Missouri HB2321 Establishes the "AI-Generated Content Accountability and Privacy Protection Act Kansas SB525 Creating the protection against deep fakes act to provide a cause of action for Tennessee SB1346 AN ACT to amend Tennessee Code Annotated, Title 28 and Title 39, Chapter 17, rel Wyoming HB85 Unlawful dissemination of an intimate image. Oklahoma HB1364 Crimes and punishments; sexual obscenity; making certain acts unlawful; effectiv New Hampshire HB1319 Relative to prohibiting the nonconsensual dissemination of synthetic sexual imag