Right of Publicity Bill Moving Through Assembly – NYSBA Opposes

Assembly Majority Leader, Joseph Morelle continues to push his bill 8.8155B which makes fundamental changes to the right of privacy. On the Senate side, Senator Diane Savino is trying to move similar legislation S.5857B. The legislation will expand the current right of privacy, which has been recognized in New York for more than a century. The new proposal will create a new “right of publicity” in New York. This new right will apply not only to the living but to the estates of those who pass away after the bill is enacted. The post mortem right of publicity will last for 40 years. Importantly, there is no requirement that an individual has to be domiciled in New York at the time of death. Under the legislation, those using the name, voice, portrait, signature or likeness of any individual would have to obtain written consent from that individual or the decedent’s estate.

NYSBA opposes this legislation. It would create significant legal exposure for stations. Yesterday the legislation passed the Assembly. We are working to block the bill in the New York Senate. To see a copy of NYSBA’s opposition to the legislation click HERE.