NY Civ Rights L § 50-F (2021)
2021 New York Laws CVR - Civil Rights Article 5 - Right of Privacy 50-F - Right of Publicity.

§ 50-f. Right of publicity. 1. For purposes of this section:a.  "deceased  performer" means a deceased natural person domiciled in   this state at the time  of  death  who,  for  gain  or  livelihood,  was   regularly  engaged  in  acting,  singing,  dancing, or playing a musical   instrument.b. "deceased personality" means any deceased natural person  domiciled   in  this  state  at  the  time  of  death  whose name, voice, signature,   photograph, or likeness has commercial value at the time of his  or  her   death,  or  because  of  his  or  her  death,  whether or not during the   lifetime of that natural person the person used his or her name,  voice,   signature,  photograph,  or  likeness on or in products, merchandise, or   goods, or for purposes of advertising or  selling,  or  solicitation  of   purchase of, products, merchandise, goods, or services.c.    "digital    replica"    means   a   newly   created,   original,   computer-generated,  electronic  performance  by  an  individual  in   a   separate  and  newly  created,  original  expressive  sound recording or   audiovisual work in which the individual did not actually perform,  that   is  so  realistic  that  a  reasonable  observer  would  believe it is a   performance by the individual being portrayed and no other individual. A   digital replica does not include the electronic  reproduction,  computer   generated  or other digital remastering of an expressive sound recording   or audiovisual work consisting of an individual's original  or  recorded   performance,  nor  the  making  or duplication of another recording that   consists entirely of the independent fixation of other sounds,  even  if   such sounds imitate or simulate the voice of the individual.d.  "sound  recordings"  are  works that result from the fixation of a   series of musical, spoken, or other sounds, but not including the sounds   accompanying a motion picture or other audiovisual work,  regardless  of   the  nature  of  the  material  objects,  such as disks, tapes, or other   phonorecords, in which they are embodied.2. a. Any person  who  uses  a  deceased  personality's  name,  voice,   signature,  photograph,  or  likeness, in any manner, on or in products,   merchandise, or goods, or for purposes of  advertising  or  selling,  or   soliciting  purchases  of,  products,  merchandise,  goods, or services,   without  prior  consent  from  the  person  or  persons   specified   in   subdivision  four  of  this  section,  shall  be  liable for any damages   sustained by the person or persons injured as a result thereof.b. Any person who uses a deceased performer's  digital  replica  in  a   scripted  audiovisual  work  as  a  fictional  character or for the live   performance of a musical work shall be liable for any damages  sustained   by  the  person or persons injured as a result thereof if the use occurs   without prior consent from the person or persons in subdivision four  of   this  section,  if the use is likely to deceive the public into thinking   it was authorized by the person or persons specified in subdivision four   of this section. A use shall not be considered  likely  to  deceive  the   public  into  thinking  it  was  authorized  by  the  person  or persons   specified in subdivision four of this section if the person making  such   use  provides  a  conspicuous  disclaimer in the credits of the scripted   audiovisual work, and in any related advertisement in which the  digital   replica  appears,  stating  that  the use of the digital replica has not   been authorized by the person or persons specified in  subdivision  four   of this section.c. In any action brought under this section:i.  the person who violated the section shall be liable to the injured   party or parties in an amount equal  to  the  greater  of  two  thousand   dollars  or  the  compensatory  damages suffered by the injured party or   parties, as a result of the unauthorized use, and any profits  from  the    unauthorized  use  that  are  attributable to such use and are not taken   into account in computing the compensatory damages.ii.  in establishing profits under this subdivision, the injured party   or parties shall be required to present proof only of the gross  revenue   attributable  to  the unauthorized use, and the person who violated this   section is required to prove his or her deductible expenses.iii. punitive damages may also be awarded  to  the  injured  party  or   parties.d. For purposes of this subdivision:i.  it  shall not be a violation of paragraph a of this subdivision if   the work is a play, book, magazine, newspaper, or other  literary  work;   musical  work  or composition; work of art or other visual work; work of   political, public interest, educational or newsworthy  value,  including   comment,  criticism,  parody or satire; audio or audiovisual work, radio   or television program, if it is fictional or nonfictional entertainment;   or an advertisement or commercial announcement for any of the  foregoing   works.ii.  it shall not be a violation of paragraph b of this subdivision if   the work is of  parody,  satire,  commentary,  or  criticism;  works  of   political  or newsworthy value, or similar works, such as documentaries,   docudramas, or historical  or  biographical  works,  regardless  of  the   degree  of fictionalization; a representation of a deceased performer as   himself or herself, regardless of the degree of fictionalization, except   in a live performance of a musical work; de minimis or incidental; or an   advertisement or commercial announcement for any of the foregoing works.iii. it shall not be a violation of this section if the use of a name,   voice, signature, photograph, or likeness occurs in connection with  any   news,  public  affairs,  or  sports  program  or  account, regardless of   format, medium or means of transmission, or any political campaign.iv. it shall not be a violation of this section if the  use  is  of  a   name,  voice,  signature, photograph, or likeness in a commercial medium   solely because the material containing the use is commercially sponsored   or contains paid advertising or product placement, or includes within it   a use in connection with a product, article  of  merchandise,  good,  or   service.  Rather,  it shall be a question of fact whether or not the use   of the deceased personality's name,  voice,  signature,  photograph,  or   likeness  was  so  directly connected with the commercial sponsorship or   with the paid advertising or product placement as to  constitute  a  use   for which consent is required under this subdivision.e. In relation to a violation of paragraph a of this subdivision, if a   work  that  is  protected under paragraph d of this subdivision includes   within it a use in connection with a product,  article  of  merchandise,   good, or service, this use shall not be exempt under paragraph d of this   subdivision,  notwithstanding  the unprotected use's inclusion in a work   otherwise exempt under paragraph d of this subdivision, if the  claimant   proves that this use is so directly connected with a product, article of   merchandise,  good,  or  service as to constitute an act of advertising,   selling,  or  soliciting  purchases  of   that   product,   article   of   merchandise,  good, or service by the deceased personality without prior   consent for the use under paragraph  a  of  this  subdivision  from  the   person or persons specified in subdivision four of this section.3.  The  rights  recognized  under  this  section are property rights,   freely transferable or descendible, in whole or in  part,  by  contract,   license,  gift,  or  by  means  of  any  trust or any other testamentary   instrument. In the absence of an  express  transfer  in  a  testamentary   instrument  of  the  deceased  personality's  rights in his or her name,   voice,  signature,  photograph,  or  likeness,  a   provision   in   the   testamentary instrument that provides for the disposition of the residue    of  the deceased personality's assets shall be effective to transfer the   rights recognized under this section in accordance  with  the  terms  of   that  provision.  The  rights  established by this section shall also be   freely transferable or descendible by contract, license, gift, trust, or   any  other  testamentary  instrument  by  any  subsequent  owner  of the   deceased personality's rights as recognized by this section. Nothing  in   this  section  shall be construed to render invalid or unenforceable any   contract entered into by  a  deceased  personality  during  his  or  her   lifetime by which the deceased personality assigned the rights, in whole   or  in  part,  to  use his or her name, voice, signature, photograph, or   likeness.4. The consent required by this section shall be  exercisable  by  the   person  or persons to whom the right of consent, or portion thereof, has   been transferred in accordance with subdivision three of  this  section,   or  if  no  transfer has occurred, then by the person or persons to whom   the right of consent, or portion thereof, has passed in accordance  with   subdivision five of this section.5.  Subject to subdivisions three and four of this section, the rights   under this section of an individual dying intestate shall be distributed   under the laws of intestate succession, and the rights and  remedies  of   this  article  may  be exercised and enforced by a person or persons who   possess at least a fifty-one percent interest of the individual's rights   under this section. Such persons shall make  a  proportional  accounting   to,  and shall act at all times in good faith with respect to, any other   person in whom the rights being enforced have vested.6. If any deceased personality does not transfer  his  or  her  rights   under  this  section by contract, or by means of a trust or testamentary   instrument,  and  there  are  no  surviving  persons  as  described   in   subdivision  five  of  this  section,  then  the  rights  set  forth  in   subdivision two of this section shall terminate.7. a. Any person claiming to be a successor in interest to the  rights   of  a  deceased personality under this section or a licensee thereof may   register that claim with the secretary of state on a form prescribed  by   the secretary of state and upon payment of a fee, which the secretary of   state  shall  set  by rule. The form shall be verified and shall include   the name and date of death of the deceased  personality,  the  name  and   address of the claimant, the basis of the claim, and the rights claimed.   A  successor  in  interest to the rights of a deceased personality under   this section or a licensee thereof shall not have a cause of action  for   a  use  prohibited  by  this section that occurs before the successor in   interest or licensee registers a claim of the rights.b. Upon receipt and after filing of any document under  this  section,   the  secretary  of  state  shall post the document along with the entire   registry of persons claiming to be a successor in interest to the rights   of a deceased personality or a registered licensee  under  this  section   upon the secretary of state's internet website.c. Claims registered under this subdivision shall be public records.8.  An action shall not be brought under this section by reason of any   use of a deceased personality's name, voice, signature,  photograph,  or   likeness  occurring  after the expiration of forty years after the death   of the deceased personality.9. Nothing in this section shall apply to the owners or  employees  of   any  medium  used  for  advertising,  including,  but  not  limited  to,   newspapers, magazines, radio and television networks and stations, cable   television systems, billboards, and transit advertisements, by whom  any   advertisement  or solicitation in violation of this section is published   or disseminated, unless it is established that the owners  or  employees   had  actual  knowledge  by prior notification of the unauthorized use of    the deceased performer's digital replica or deceased personality's name,   voice, signature, photograph, or likeness as prohibited by this section.10.  The  provisions of this section are in addition to, but shall not   supersede, any other rights or remedies available in law or equity.11. This section shall apply to the adjudication of liability and  the   imposition  of  any  damages  or  other  remedies  in cases in which the   liability,  damages,  and  other  remedies  arise  from  acts  occurring   directly  in  this state. For purposes of this section, acts giving rise   to  liability  shall  be  limited  to  the  use,  on  or  in   products,   merchandise,  goods,  or  services,  or  the  advertising or selling, or   soliciting purchases  of,  products,  merchandise,  goods,  or  services   prohibited by this section.12.  Nothing  in  this  section  shall  be  construed  to limit, or to   enlarge, the protections that 47 U.S.C. § 230 confers on an  interactive   computer  service  for  content  provided by another information content   provider, as such terms are defined in 47 U.S.C. § 230.