Last Friday the Senate unveiled its new version of legislation that would alter the right of privacy and the right of publicity in New York. The bill is the same as that introduced in the Assembly previously. Because they are the same language, these bills are poised to move. We oppose these bills.
For the first time, the media would be liable if it used a “digital replica” of a live or deceased performer. A “digital replica” means a computer generated or electronic reproduction of a living or deceased individual’s likeness or voice that depicts the likeness or voice of the individual being portrayed. The question is whether this would encompass broadcasting recorded music. We believe there is a danger that this could become a back door performance fee.
We are in a major fight in Albany opposing this bill. To see a copy of our Memo in Opposition click HERE.
To see a copy of the Senate bill s.5959A (same bill introduced in the Assembly) click HERE.
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