WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
1 A person, firm or corporation that uses for advertising purposes, or for the purposes of trade, the name, portrait, picture, likeness, or voice of any living person, including but not limited to a portrait, picture, likeness, or voice created or altered by digitizationdigitization"digitization" means the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including adapting, modifying, manipulating, or altering a realistic depiction.N.Y. Civ. Rights Law § 50, without having first obtained the written consent of such person, or if a minor of such minor's parent or guardian, is guilty of a misdemeanor. For purposes of this section, "digitizationdigitization"digitization" means the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including adapting, modifying, manipulating, or altering a realistic depiction.N.Y. Civ. Rights Law § 50" means the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including adapting, modifying, manipulating, or altering a realistic depiction.
Section 50 establishes criminal misdemeanor liability for any person, firm, or corporation that uses a living person's name, portrait, picture, likeness, or voice for advertising or trade purposes without written consent. The bill amends this section to make explicit that the prohibition extends to portraits, pictures, likenesses, or voices created or altered by digitization — defined to include the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means. The amendment does not create a new offense; it clarifies that existing right-of-privacy protections apply to AI-generated and AI-altered depictions.
2 Any person whose name, portrait, picture, likeness or voice, including but not limited to a portrait, picture, likeness, or voice created or altered by digitizationdigitization"digitization" means the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including adapting, modifying, manipulating, or altering a realistic depiction.N.Y. Civ. Rights Law § 50, is used within this state for advertising purposes or for the purposes of trade without the written consent first obtained as above provided may maintain an equitable action in the supreme court of this state against the person, firm or corporation so using such person's name, portrait, picture, likeness or voice, including but not limited to a portrait, picture, likeness, or voice created or altered by digitizationdigitization"digitization" means the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including adapting, modifying, manipulating, or altering a realistic depiction.N.Y. Civ. Rights Law § 50, to prevent and restrain the use thereof; and may also sue and recover damages for any injuries sustained by reason of such use and if the defendant shall have knowingly used such person's name, portrait, picture, likeness or voice, including but not limited to a portrait, picture, likeness, or voice created or altered by digitizationdigitization"digitization" means the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including adapting, modifying, manipulating, or altering a realistic depiction.N.Y. Civ. Rights Law § 50, in such manner as is forbidden or declared to be unlawful by section fifty of this article, the jury, in its discretion, may award exemplary damages.
(safe harbors) But nothing contained in this article shall be so construed as to prevent any person, firm or corporation from selling or otherwise transferring any material containing such name, portrait, picture, likeness or voice, including but not limited to a portrait, picture, likeness, or voice created or altered by digitizationdigitization"digitization" means the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including adapting, modifying, manipulating, or altering a realistic depiction.N.Y. Civ. Rights Law § 50, in whatever medium to any user of such name, portrait, picture, likeness or voice, or to any third party for sale or transfer directly or indirectly to such a user, for use in a manner lawful under this article; nothing contained in this article shall be so construed as to prevent any person, firm or corporation, practicing the profession of photography, from exhibiting in or about their establishment specimens of the work of such establishment, unless the same is continued by such person, firm or corporation after written notice objecting thereto has been given by the person portrayed; and nothing contained in this article shall be so construed as to prevent any person, firm or corporation from using the name, portrait, picture, likeness or voice, including but not limited to a portrait, picture, likeness, or voice created or altered by digitizationdigitization"digitization" means the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including adapting, modifying, manipulating, or altering a realistic depiction.N.Y. Civ. Rights Law § 50, of any manufacturer or dealer in connection with the goods, wares and merchandise manufactured, produced or dealt in by such manufacturer or dealer which they have sold or disposed of with such name, portrait, picture, likeness or voice used in connection therewith; or from using the name, portrait, picture, likeness or voice of any author, composer or artist in connection with their literary, musical or artistic productions which they have sold or disposed of with such name, portrait, picture, likeness or voice used in connection therewith. Nothing contained in this section shall be construed to prohibit the copyright owner of a sound recording from disposing of, dealing in, licensing or selling that sound recording to any party, if the right to dispose of, deal in, license or sell such sound recording has been conferred by contract or other written document by such living person or the holder of such right. Nothing contained in the foregoing sentence shall be deemed to abrogate or otherwise limit any rights or remedies otherwise conferred by federal law or state law. For purposes of this section, "digitizationdigitization"digitization" means the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including adapting, modifying, manipulating, or altering a realistic depiction.N.Y. Civ. Rights Law § 50" means the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including adapting, modifying, manipulating, or altering a realistic depiction.
Section 51 provides the private civil remedy corresponding to Section 50's criminal prohibition. Any person whose name, portrait, picture, likeness, or voice is used for advertising or trade purposes without written consent may bring an equitable action in the Supreme Court of New York for injunctive relief and damages. The bill amends four points within this section to insert parallel language extending coverage to portrayals created or altered by digitization. The section also preserves existing safe harbors — including for transfers of materials to lawful users, photography professionals exhibiting specimens of their work, manufacturers using their own identity in connection with goods, and copyright owners of sound recordings — and extends the digitization language into the safe harbor clauses to clarify that those exceptions also apply to digitized content.
The amendment adds the same definition of digitization that appears in § 50. Exemplary damages remain available at the jury's discretion when the defendant knowingly used a person's identity attributes in violation of § 50.
This act shall be known and may be cited as the "right to your own image act".
This section establishes the short title of the act as the "Right to Your Own Image Act." It imposes no substantive obligations.
This act shall take effect immediately.
The act takes effect immediately upon enactment. No phase-in period or staged implementation dates are provided.