NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8138B
SPONSOR: Weinstein TITLE OF BILL:
An act to amend the general obligations law, in relation to contracts
for the creation and use of digital replicas
PURPOSE:
Amends general obligations law to ensure that workers have proper repre-
sentation, by legal counsel or their labor organization, when negotiat-
ing the use of digital recreation and thus protecting a performer's
digital voice and likeness.
Amends general obligations law to ensure that workers have proper repre-
sentation, by legal counsel or their labor organization, when negotiat-
ing the use of digital recreation and thus protecting a performer's
digital voice and likeness.
SUMMARY OF PROVISIONS OF BILL:
Section 1. Amends the general obligations law by adding a new section
5-302 regarding contracts for the creation and use of digital replicas.
Section 2. This act shall take effect January 1, 2025 and shall apply
to contracts entered into or modified on or after such effective date.
JUSTIFICATION:
SAG-AFTRA has been tracking and studying technologies that allow the
digital recreation of performers for many years. These technologies pose
direct threats to performers' livelihoods if they are not adequately
regulated. Protection of a performer's digital voice and likeness is a
critical issue for SAG-AFTRA. It is crucial that performers - and all
individuals - control whether and how their digital self is exploited.
If they enter into an agreement, it must be with informed consent.
This is critical to ensure they can continue to make a living.
Protection against unconscionable transfers of these rights will protect
against abusive practices and save careers. A number of AI websites have
sprung up that create AI-generated audio and/or video, without the
consent of the individual depicted. Many hide behind overly broad and
laborious user representations and warranties on their websites. This
bill will demand that informed consent and proper representation, by
legal counsel or their labor organization, are mandatory for any trans-
fer of these critical rights.
LEGISLATIVE HISTORY:
New bill, 2024.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the state.
EFFECTIVE DATE:
This act shall take effect January 1, 2025 and shall apply to contracts
entered into or modified on or after such effective date.
STATE OF NEW YORK
________________________________________________________________________
8138--B
R. R. 532
2023-2024 Regular Sessions
IN ASSEMBLY
October 13, 2023
___________
Introduced by M. of A. WEINSTEIN, L. ROSENTHAL, BRONSON, BORES -- read
once and referred to the Committee on Judiciary -- recommitted to the
Committee on Judiciary in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- reported and referred to the Commit-
tee on Ways and Means -- reported and referred to the Committee on
Rules -- ordered to a third reading -- amended on the special order of
third reading, ordered reprinted as amended, retaining its place on
the special order of third reading
AN ACT to amend the general obligations law, in relation to contracts
for the creation and use of digital replicas
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general obligations law is amended by adding a new
2 section 5-302 to read as follows:
3 § 5-302. 1. Contracts for the creation and use of digital replicas.
4 Any provision in an agreement between an individual and any other person
5 or entity for the performance of personal or professional services is
6 contrary to public policy and shall be void and unenforceable as it
7 relates to a new performance by digital replication if the provision
8 meets all of the following conditions:
9 (a) The provision allows for the creation and use of a digital replica
10 of the individual's voice or likeness in place of work the individual
11 would otherwise have performed in person.
12 (b) The provision does not include a reasonably specific description
13 of the intended use of the digital replica. Failure to include a reason-
14 ably specific description of the intended uses of a digital replica
15 shall not render the provision unenforceable when the uses are consist-
16 ent with the terms of the contract for the performance of personal or
17 professional services and consistent with the fundamental character of
18 the photography or sound track as recorded or performed.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13334-10-4
A. 8138--B 2
1 (c) The individual was not:
2 (i) represented by legal counsel who negotiated on behalf of the indi-
3 vidual licensing the individual's digital replica rights and the licens-
4 ing terms are not stated clearly and conspicuously in an employment
5 contract that is separately signed or initialed by the individual or in
6 a separate writing that is signed by the individual; or
7 (ii) represented by a labor organization representing workers who do
8 the proposed work and the terms of their collective bargaining agreement
9 expressly address uses of digital replicas.
10 2. This section shall not affect provisions of a contract other than a
11 provision that falls under subdivision one of this section.
12 3. As used in this section, "digital replica" means a digital simu-
13 lation of the voice or likeness of an individual that so closely resem-
14 bles the individual's voice or likeness that a layperson would not be
15 able to readily distinguish the digital simulation from the individual's
16 authentic voice or likeness.
17 § 2. This act shall take effect January 1, 2025 and shall apply to
18 contracts entered into or modified on or after such effective date.
