BILL NUMBER: S7676BREVISED 5/29/24
SPONSOR: RAMOS
 
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.
 
SUMMARY OF PROVISIONS:
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 Al websites have
sprung up that create Al-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 th ese critical rights.
 
FISCAL IMPACT:
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.