The New York State Bar Association’s Committee on Media Law (the “Committee”)writes to strongly oppose Senate Bill 8373-A (“S.8373-A”), which would add a new section to Article 5 of the New York Civil Rights Law, Section 50-f, creating a “right of publicity” for deceased persons. The bill would prohibit the use “for advertising
purposes” or “for the purposes of trade” of the “persona”—defined as “the name, portrait, voice and/or picture” —of any person who died within 70 years before the effective date of the legislations, or who dies on or after such effective date without the written permission of such person’s heirs, estate or licensees. These rights would be
granted retroactively to persons who are already dead and would last for 70 years after death. Currently, the right of publicity in the state is grounded solely in New York Civil Rights Law §§50 and 51, and related case law, and the right is afforded only to living persons.
Firefox recommends the PDF Plugin for Mac OS X for viewing PDF documents in your browser.
We can also show you Legal Updates using the Google Viewer; however, you will need to be logged into Google Docs to view them.
Please choose one of the above to proceed!
LOADING PDF: If there are any problems, click here to download the file.