BILL NUMBER: S8721
SPONSOR: WEIK
 
TITLE OF BILL:
An act to amend the civil rights law, in relation to establishing priva-
cy and commercial rights for likenesses altered using artificial intel-
ligence
 
SUMMARY OF PROVISIONS:
Section 1 adds a new section 50-h to Civil Rights law establishing a
right of publicity for individuals whose name, voice, signature, image,
or likeness is created or altered through digitization, as well as
defining key terms. This section prohibits the unauthorized commercial
use of such digitized likeness without prior consent and creates civil
liability for violations. It establishes available remedies, including
statutory damages, compensatory damages, and punitive damages. The
section provides detailed exemptions for expressive works, news, public
affairs, political activity, and certain commercially sponsored content.
It further provides that these rights are transferable and descendible,
creates a registration system for successors in interest, limits the
duration of rights, and clarifies that the section does not alter
protections under federal law.
Section 2 amends the Civil Rights Law by adding section 52-e creating a
private right of action for the unlawful dissemination or threatened
dissemination of digitized still or video images where the depicted
individual had a reasonable expectation of privacy and did not consent.
The section authorizes inductive relief, damages, attorneys' fees, and
court costs, and provides for the removal of such images from websites.
It establishes specific exclusions for lawful reporting. The section
sets jurisdictional standards, statute of limitation, and severability
provisions. It also clarifies that the second does not expand or limit
federal law protections.
Section 3 provides that the act shall take effect on ninetieth day after
it becomes law.
 
JUSTIFICATION:
Advances in artificial intelligence and digital technology have made it
increasingly easy to create realistic but unauthorized depictions of
individuals, raising serious concerns about privacy, exploitation, and
commercial misuse. This legislation updates the Civil Rights Law to
address these developments by establishing clear rights and remedies for
individuals whose likenesses are altered or disseminated without
consent, while preserving protections for expressive, newsworthy, and
public interest uses. By defining the scope of liability, available
damages, and permissible exceptions, the bill strikes a balance between
protecting personal autonomy and allowing legitimate creative and infor-
mational expression. Establishing clear standards will provide guidance
to courts, creators, and technology platforms while offering meaningful
recourse to individuals harmed by misuse of digitized likenesses.
 
LEGISLATIVE HISTORY:
New Bill.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.