A05605 Summary:

BILL NOA05605C
 
SAME ASSAME AS S05959-D
 
SPONSORWeinstein (MS)
 
COSPNSRDinowitz, Gunther, Englebright, Weprin, Arroyo, Nolan, DenDekker, Rosenthal L, Gottfried, Fernandez
 
MLTSPNSRBraunstein, D'Urso, Fahy, Hevesi, Jaffee, Stirpe, Taylor
 
Add 50-f & 52-c, Civ Rts L
 
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.
Go to top    

A05605 Actions:

BILL NOA05605C
 
02/14/2019referred to judiciary
06/06/2019amend (t) and recommit to judiciary
06/06/2019print number 5605a
06/16/2019amend and recommit to judiciary
06/16/2019print number 5605b
06/17/2019reported referred to codes
06/18/2019reported referred to ways and means
06/18/2019reported referred to rules
06/19/2019reported
06/19/2019rules report cal.592
06/19/2019ordered to third reading rules cal.592
01/08/2020ordered to third reading cal.210
07/20/2020amended on third reading (t) 5605c
07/23/2020substituted by s5959d
 S05959 AMEND=D SAVINO
 05/16/2019REFERRED TO CODES
 05/17/2019COMMITTEE DISCHARGED AND COMMITTED TO JUDICIARY
 06/07/2019AMEND AND RECOMMIT TO JUDICIARY
 06/07/2019PRINT NUMBER 5959A
 06/16/2019AMEND AND RECOMMIT TO JUDICIARY
 06/16/2019PRINT NUMBER 5959B
 01/08/2020REFERRED TO JUDICIARY
 03/05/2020AMEND AND RECOMMIT TO JUDICIARY
 03/05/2020PRINT NUMBER 5959C
 03/10/2020REPORTED AND COMMITTED TO FINANCE
 07/17/2020AMEND AND RECOMMIT TO FINANCE
 07/17/2020PRINT NUMBER 5959D
 07/21/2020REPORTED AND COMMITTED TO RULES
 07/21/2020ORDERED TO THIRD READING CAL.788
 07/22/2020PASSED SENATE
 07/22/2020DELIVERED TO ASSEMBLY
 07/22/2020referred to ways and means
 07/23/2020substituted for a5605c
 07/23/2020ordered to third reading cal.210
 07/23/2020passed assembly
 07/23/2020returned to senate
Go to top

A05605 Committee Votes:

JUDICIARY Chair:Dinowitz DATE:06/17/2019AYE/NAY:16/2 Action: Favorable refer to committee Codes
DinowitzAyePalumboAye
TitusExcusedMontesanoAye
LavineAyeGoodellNay
ZebrowskiExcusedNorrisAye
WeprinAyeWalshAye
BraunsteinAyeByrnesAye
SimotasAye
QuartAye
BuchwaldNay
SteckAye
SeawrightAye
JoynerExcused
AbinantiAye
WrightAye
WallaceAye

CODES Chair:Lentol DATE:06/18/2019AYE/NAY:16/6 Action: Favorable refer to committee Ways and Means
LentolAyeRaNay
SchimmingerAyeGiglioNay
PretlowAyeMontesanoNay
CookAyeMorinelloNay
CymbrowitzAyePalumboNay
O'DonnellAyeGarbarinoNay
LavineAye
PerryAye
ZebrowskiAye
AbinantiAye
WeprinAye
MosleyAye
HevesiAye
FahyAye
SeawrightAye
RosenthalAye

WAYS AND MEANS Chair:Weinstein DATE:06/18/2019AYE/NAY:28/5 Action: Favorable refer to committee Rules
WeinsteinAyeBarclayAye
LentolAyeCrouchNay
SchimmingerAyeFitzpatrickNay
GanttExcusedHawleyNay
GlickAyeMalliotakisNay
NolanAyeMontesanoAye
PretlowAyeRaNay
PerryAyeBlankenbushAye
ColtonAyePalmesanoAye
CookAyeNorrisAye
CahillAye
AubryAye
ThieleAye
CusickAye
OrtizAye
BenedettoAye
WeprinAye
RodriguezAbsent
RamosAye
BraunsteinAye
McDonaldAye
RozicAye
SimotasAye
DinowitzAye
MillerAye

RULES Chair:Gottfried DATE:06/19/2019AYE/NAY:27/0 Action: Favorable
HeastieExcusedKolbAye
GottfriedAyeCrouchAye
LentolAyeFinchAye
GanttExcusedBarclayAye
NolanExcusedRaiaAye
WeinsteinAyeHawleyAye
OrtizAyeGiglioAye
PretlowAyeMalliotakisAye
CookAye
GlickAye
AubryAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
PaulinAye
TitusExcused
Peoples-StokesAye
BenedettoAye
LavineAye
LupardoAye
ZebrowskiAye

Go to top

A05605 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

A05605 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5605c              REVISED 07/23/2020
 
SPONSOR: Weinstein (MS)
  TITLE OF BILL: An act to amend the civil rights law, in relation to establishing the right of publicity and to providing a private right of action for unlaw- ful dissemination or publication of a sexually explicit depiction of an individual   SUMMARY OF PROVISIONS: Section 1- new Civil Rights Law § 50-f - definition of terms Section 2 - new Civil Rights Law § 52-c - private right of action Section 3 - 180 day effective date   PURPOSE: To create a right of publicity for deceased individuals, including the ability of using technology to create digital replicas, and a registry to publicly post such interests upon thereby giving notice to people who may seek to use an individual's right of publicity in New York State for advertising purposes, or for the purposes of trade. In addition, this bill addresses the ability of technology to create digital replicas for sexually explicit materials and makes regulations regarding their use.   JUSTIFICATION: Right of Publicity: As concerns the newly formulated "Right of Public- ity" contained in this bill, said "right" is commonly thought to have originated in the United States Court of Appeals for the Second Circuit in 1953 in Haelan Laboratories v. Topps Chewing Gum to describe the right of individuals to control the use of their name and likenesses for commercial and other valuable purposes. Since then, more than half of the states have granted rights of publicity to individuals either through the common law or by statute. The Right of Publicity refers to every individual's inherent right to control the commercial use of his or her personal characteristics, which can include name, portrait or picture, voice or signature, each a part of an individual's persona. The Right of Publicity also protects a deceased performer's digital replica in expressive works to protect against persons or corporations from misappropriating a professional performance. The most critical function of the Right of Publicity is control. The Right of Publicity, even though it is a property right, is not merely a property asset, like a painting or real estate, for estate tax purposes. The Right of Publicity ensures that if a person, or that person's successor in interest, does not seek to commercialize the right, they are not compelled to do so. This bill provides for a post-mortem right of publicity for forty years after the death of an individual, allowing successors in inter- est to provide notice of such interest through a public registration and posting maintained by the New York Secretary of State. Along with providing for a post-mortem right of publicity, the bill also has exclu- sions consistent with constitutionally protected freedom of speech, such as for newsworthy and satirical content applications. Finally, the Right of Publicity created through this legislation applies to New York domiciliaries at the time of death. Prohibition of Depiction of Sexually Explicit Material: This bill also establishes protections for victims of nonconsensual manipulated or coerced sexually explicit material, including so-called "deepfake" pornography. This aspect of the bill requires a full and knowing consent by the performer to any use by, for example, a filmmaker of use of the performer's image - digital or real - in a sexually explicit manner. Similar to the cause of action created for violation of the right of publicity described herein, a victim of a non-consented to sexual performance may seek injunctive and damages relief in a court of competent jurisdiction. The bill contains rather a unique statute of limitations provision, commonly referred to as a "date of discovery" provision, which allows an action to be brought within three years, or one year from when the violation was or should have been recently discovered by the wronged party. In conclusion, this bill is balanced in protecting essential first amendment rights consistent with current law while maintaining the current status of the right of privacy law and still providing protections for an individual's right of publicity, whether they are a child or an adult, forty years after death.   LEGISLATIVE HISTORY: Similar to: 2017-2018 - A.8155B - Passed Assembly   EFFECTIVE DATE: This act shall take place on the one hundred and eightieth day after it shall have become a law, and shall apply to all living individuals and deceased individuals who died on or after such date.
Go to top

A05605 Chamber Video/Transcript:

6-20-19Video (@ 05:34:59)Transcript pdf Transcript html
1-23-20Video (@ 00:48:42)Transcript pdf Transcript html
7-20-20Video (@ 07:02:36)
7-23-20Video (@ 00:00:57)
Go to top