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)–(c) a. "depicted individualdepicted individual"depicted individual" means an individual whose name, voice, signature, still or video image, or likeness is used on or in products, merchandise, or goods, or for purposes of advertising or selling, or solicitation of purchase of, products, merchandise, goods, or services.Civ. Rights Law § 50-h(1)(a)" means an individualindividual"individual" means a natural person.Civ. Rights Law § 50-h(1)(c) whose name, voice, signature, still or video image, or likeness is used on or in products, merchandise, or goods, or for purposes of advertising or selling, or solicitation of purchase of, products, merchandise, goods, or services. b. "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.Civ. Rights Law § 50-h(1)(b)" 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. c. "individualindividual"individual" means a natural person.Civ. Rights Law § 50-h(1)(c)" means a natural person.
(2)(a) 1 Any person who uses a depicted individualdepicted individual"depicted individual" means an individual whose name, voice, signature, still or video image, or likeness is used on or in products, merchandise, or goods, or for purposes of advertising or selling, or solicitation of purchase of, products, merchandise, goods, or services.Civ. Rights Law § 50-h(1)(a) whose name, voice, signature, still or video image, or likeness has been 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.Civ. Rights Law § 50-h(1)(b), in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods, or services, without prior consent from the depicted individualdepicted individual"depicted individual" means an individual whose name, voice, signature, still or video image, or likeness is used on or in products, merchandise, or goods, or for purposes of advertising or selling, or solicitation of purchase of, products, merchandise, goods, or services.Civ. Rights Law § 50-h(1)(a) shall be liable for any damages sustained by the person or persons injured as a result thereof.
(2)(b)(i)–(iii) 1 In any action brought under this section: i. the person who violated this section shall be liable to the injured party or parties in an amount equal to the greater of two thousand dollars or the compensatory damages suffered by the injured party or parties, as a result of the unauthorized use, and any profits from the unauthorized use that are attributable to such use and are not taken into account in computing the compensatory damages.
(2)(c)(i)–(iv) 1 For purposes of this subdivision: i. it shall not be a violation of paragraph a of this subdivision if the work is a play, book, magazine, newspaper, or other literary work; musical work or composition; work of art or other visual work; work of political, public interest, educational or newsworthy value, including comment, criticism, parody or satire; audio or audiovisual work, radio or television program, if it is fictional or nonfictional entertainment; or an advertisement or commercial announcement for any of the foregoing works. ii. it shall not be a violation of this section if the use of a name, voice, signature, still or video image, or likeness occurs in connection with any news, public affairs, or sports program or account, regardless of format, medium or means of transmission, or any political campaign. iii. it shall not be a violation of this section if the use is of a name, voice, signature, still or video image, or likeness in a commercial medium solely because the material containing the use is commercially sponsored or contains paid advertising or product placement, or includes within it a use in connection with a product, article of merchandise, good, or service. Rather, it shall be a question of fact whether or not the use of the depicted individualdepicted individual"depicted individual" means an individual whose name, voice, signature, still or video image, or likeness is used on or in products, merchandise, or goods, or for purposes of advertising or selling, or solicitation of purchase of, products, merchandise, goods, or services.Civ. Rights Law § 50-h(1)(a)'s name, voice, signature, still or video image, or likeness was so directly connected with the commercial sponsorship or with the paid advertising or product placement as to constitute a use for which consent is required under this subdivision. iv. works identified pursuant to this paragraph shall not violate this section, regardless of the medium or means of transmission.
(2)(d) 1 In relation to a violation of paragraph a of this subdivision, if a work that is protected under paragraph c of this subdivision includes within it a use in connection with a product, article of merchandise, good, or service, this use shall not be exempt under paragraph c of this subdivision, notwithstanding the unprotected use's inclusion in a work otherwise exempt under paragraph c of this subdivision, if the claimant proves that this use is so directly connected with a product, article of merchandise, good, or service as to constitute an act of advertising, selling, or soliciting purchases of that product, article of merchandise, good, or service by the depicted individualdepicted individual"depicted individual" means an individual whose name, voice, signature, still or video image, or likeness is used on or in products, merchandise, or goods, or for purposes of advertising or selling, or solicitation of purchase of, products, merchandise, goods, or services.Civ. Rights Law § 50-h(1)(a) without prior consent for the use under paragraph a of this subdivision from the person or persons specified in subdivision four of this section.
(3) The rights recognized under this section are property rights, freely transferable or descendible, in whole or in part, by contract, license, gift, or by means of any trust or any other testamentary instrument. In the absence of an express transfer in a testamentary instrument of the depicted individualdepicted individual"depicted individual" means an individual whose name, voice, signature, still or video image, or likeness is used on or in products, merchandise, or goods, or for purposes of advertising or selling, or solicitation of purchase of, products, merchandise, goods, or services.Civ. Rights Law § 50-h(1)(a)'s rights in their name, voice, signature, still or video image, or likeness, a provision in the testamentary instrument that provides for the disposition of the residue of the depicted individualdepicted individual"depicted individual" means an individual whose name, voice, signature, still or video image, or likeness is used on or in products, merchandise, or goods, or for purposes of advertising or selling, or solicitation of purchase of, products, merchandise, goods, or services.Civ. Rights Law § 50-h(1)(a)'s assets shall be effective to transfer the rights recognized under this section in accordance with the terms of that provision. The rights established by this section shall also be freely transferable or descendible by contract, license, gift, trust, or any other testamentary instrument by any subsequent owner of the depicted individualdepicted individual"depicted individual" means an individual whose name, voice, signature, still or video image, or likeness is used on or in products, merchandise, or goods, or for purposes of advertising or selling, or solicitation of purchase of, products, merchandise, goods, or services.Civ. Rights Law § 50-h(1)(a)'s rights as recognized by this section. Nothing in this section shall be construed to render invalid or unenforceable any contract entered into by a depicted individualdepicted individual"depicted individual" means an individual whose name, voice, signature, still or video image, or likeness is used on or in products, merchandise, or goods, or for purposes of advertising or selling, or solicitation of purchase of, products, merchandise, goods, or services.Civ. Rights Law § 50-h(1)(a) during their lifetime by which the depicted individualdepicted individual"depicted individual" means an individual whose name, voice, signature, still or video image, or likeness is used on or in products, merchandise, or goods, or for purposes of advertising or selling, or solicitation of purchase of, products, merchandise, goods, or services.Civ. Rights Law § 50-h(1)(a) assigned the rights, in whole or in part, to use their name, voice, signature, still or video image, or likeness.
(4) The consent required by this section shall be exercisable by the person or persons to whom the right of consent, or portion thereof, has been transferred in accordance with subdivision three of this section, or if no transfer has occurred, then by the person or persons to whom the right of consent, or portion thereof, has passed in accordance with subdivision five of this section.
(5) Subject to subdivisions three and four of this section, the rights under this section of an individualindividual"individual" means a natural person.Civ. Rights Law § 50-h(1)(c) dying intestate shall be distributed under the laws of intestate succession, and the rights and remedies of this article may be exercised and enforced by a person or persons who possess at least a fifty-one percent interest of the individualindividual"individual" means a natural person.Civ. Rights Law § 50-h(1)(c)'s rights under this section. Such persons shall make a proportional accounting to, and shall act at all times in good faith with respect to, any other person in whom the rights being enforced have vested.
(6) If any depicted individualdepicted individual"depicted individual" means an individual whose name, voice, signature, still or video image, or likeness is used on or in products, merchandise, or goods, or for purposes of advertising or selling, or solicitation of purchase of, products, merchandise, goods, or services.Civ. Rights Law § 50-h(1)(a) does not transfer their rights under this section by contract, or by means of a trust or testamentary instrument, and there are no surviving persons as described in subdivision five of this section, then the rights set forth in subdivision two of this section shall terminate.
(7)(a)–(c) a. Any person claiming to be a successor in interest to the rights of a depicted individualdepicted individual"depicted individual" means an individual whose name, voice, signature, still or video image, or likeness is used on or in products, merchandise, or goods, or for purposes of advertising or selling, or solicitation of purchase of, products, merchandise, goods, or services.Civ. Rights Law § 50-h(1)(a) under this section or a licensee thereof may register that claim with the secretary of state on a form prescribed by the secretary of state and upon payment of a fee, which the secretary of state shall set by rule. The form shall be verified and shall include the name and date of death of the depicted individualdepicted individual"depicted individual" means an individual whose name, voice, signature, still or video image, or likeness is used on or in products, merchandise, or goods, or for purposes of advertising or selling, or solicitation of purchase of, products, merchandise, goods, or services.Civ. Rights Law § 50-h(1)(a), the name and address of the claimant, the basis of the claim, and the rights claimed. A successor in interest to the rights of a depicted individualdepicted individual"depicted individual" means an individual whose name, voice, signature, still or video image, or likeness is used on or in products, merchandise, or goods, or for purposes of advertising or selling, or solicitation of purchase of, products, merchandise, goods, or services.Civ. Rights Law § 50-h(1)(a) under this section or a licensee thereof shall not have a cause of action for a use prohibited by this section that occurs before the successor in interest or licensee registers a claim of the rights. b. Upon receipt and after filing of any document under this section, the secretary of state shall post the document along with the entire registry of persons claiming to be a successor in interest to the rights of a depicted individualdepicted individual"depicted individual" means an individual whose name, voice, signature, still or video image, or likeness is used on or in products, merchandise, or goods, or for purposes of advertising or selling, or solicitation of purchase of, products, merchandise, goods, or services.Civ. Rights Law § 50-h(1)(a) or a registered licensee under this section upon the secretary of state's internet website. c. Claims registered under this subdivision shall be public records.
(8) An action shall not be brought under this section by reason of any use of a depicted individualdepicted individual"depicted individual" means an individual whose name, voice, signature, still or video image, or likeness is used on or in products, merchandise, or goods, or for purposes of advertising or selling, or solicitation of purchase of, products, merchandise, goods, or services.Civ. Rights Law § 50-h(1)(a) whose name, voice, signature, still or video image, or likeness has been 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.Civ. Rights Law § 50-h(1)(b) occurring after the expiration of forty years after the death of such individualindividual"individual" means a natural person.Civ. Rights Law § 50-h(1)(c).
(9) Nothing in this section shall apply to the owners or employees of any medium used for advertising, including, but not limited to, newspapers, magazines, radio and television networks and stations, cable television systems, billboards, and transit advertisements, by whom any advertisement or solicitation in violation of this section is published or disseminated, unless it is established that the owners or employees had actual knowledge by prior notification of the unauthorized use of the depicted individualdepicted individual"depicted individual" means an individual whose name, voice, signature, still or video image, or likeness is used on or in products, merchandise, or goods, or for purposes of advertising or selling, or solicitation of purchase of, products, merchandise, goods, or services.Civ. Rights Law § 50-h(1)(a)'s name, voice, signature, still or video image, or likeness as prohibited by this section.
(10) Nothing in this section shall apply to a person that offers a service that displays, offers for sale or license, sells or licenses a work of art or other visual work, or audiovisual work, to a user, provided the terms of such sale or license do not authorize such user to engage in acts that constitute a violation of this section.
(11) The provisions of this section are in addition to, but shall not supersede, any other rights or remedies available in law or equity.
(12) This section shall apply to the adjudication of liability and the imposition of any damages or other remedies in cases in which the liability, damages, and other remedies arise from acts occurring directly in this state. For purposes of this section, acts giving rise to liability shall be limited to the use, on or in products, merchandise, goods, or services, or the advertising or selling, or soliciting purchases of, products, merchandise, goods, or services prohibited by this section.
(13) Nothing in this section shall be construed to limit, or to enlarge, the protections that 47 U.S.C. § 230 confers on an interactive computer service for content provided by another information content provider, as such terms are defined in 47 U.S.C. § 230.
This section creates a comprehensive right of publicity for individuals whose name, voice, signature, image, or likeness has been created or altered through digitization — defined broadly to include AI, machine learning, and other computational means. The core prohibition is straightforward: commercial use of a digitized likeness without the depicted individual's prior consent triggers liability. Damages include the greater of $2,000 or actual compensatory damages, plus disgorgement of profits, with punitive damages available.
The section establishes the right as a freely transferable and descendible property right, exercisable by successors and licensees for up to 40 years after death. Successors must register their claims with the Secretary of State before bringing suit. Broad carve-outs protect literary works, musical compositions, visual art, news, public interest content, satire, and entertainment programming — but these exemptions do not shield uses directly connected to product advertising embedded within otherwise protected works. A separate safe harbor shields advertising-medium owners and employees unless they had actual knowledge of the unauthorized use.
(1)(a)–(b) 2 Any person depicted in still or video image 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.Civ. Rights Law § 50-h(1)(b), regardless of whether or not the original still or video image was consensually obtained, shall have a cause of action against an individualindividual"individual" means a natural person.Civ. Rights Law § 50-h(1)(c) who, for the purpose of harassing, annoying or alarming such person, disseminated or published, or threatened to disseminate or publish, such still or video image, where such image: a. was taken when such person had a reasonable expectation that the image would remain private; and b. was disseminated or published, or threatened to be disseminated or published, without the consent of such person.
(2) 2 In any action commenced pursuant to subdivision one of this section, the finder of fact, in its discretion, may award injunctive relief, punitive damages, compensatory damages and reasonable court costs and attorneys' fees.
(3)(a)–(d) 2 This section shall not apply to the following: a. the reporting of unlawful conduct; b. dissemination or publication of an image made during lawful and common practices of law enforcement, legal proceedings or medical treatment; c. images involving voluntary exposure in a public or commercial setting; or d. dissemination or publication of an image made for a legitimate public purpose.
(4) 3 Any person depicted in a still video or image 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.Civ. Rights Law § 50-h(1)(b) which is disseminated or published without the consent of such person and where such person had a reasonable expectation that the image would remain private, may maintain an action or special proceeding for a court order to require any website that is subject to personal jurisdiction under subdivision five of this section to permanently remove such still or video image; any such court order granted pursuant to this subdivision may direct removal only as to images that are reasonably within such website's control.
(5)(a)–(b) a. Any website that hosts or transmits a still or video image 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.Civ. Rights Law § 50-h(1)(b), viewable in this state, taken under circumstances where the person depicted had a reasonable expectation that the image would remain private shall; and b. Such still or video image is hosted or transmitted without the consent of such resident of this state, shall be subject to personal jurisdiction in a civil action in this state to the maximum extent permitted under the United States constitution and federal law.
(6)(a)–(b) A cause of action or special proceeding under this section shall be commenced the later of either: a. three years after the dissemination or publication of an image; or b. one year from the date a person discovers, or reasonably should have discovered, the dissemination or publication of such image.
(7) Nothing herein shall be read to require a prior criminal complaint, prosecution or conviction to establish the elements of the cause of action provided for by this section.
(8) The provisions of this section are in addition to, but shall not supersede, any other rights or remedies available in law or equity.
(9) If any provision of this section or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.
(10) Nothing in this section shall be construed to limit, or to enlarge, the protections that 47 U.S.C. § 230 confers on an interactive computer service for content provided by another information content provider, as such terms are defined in 47 U.S.C. § 230.
(11) 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.Civ. Rights Law § 50-h(1)(b)" 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.
This section creates a private cause of action for individuals depicted in AI-generated or AI-altered still or video images that are disseminated or published — or threatened to be disseminated — for the purpose of harassing, annoying, or alarming the depicted person. Liability attaches when the depicted person had a reasonable expectation of privacy and did not consent to the dissemination, regardless of whether the original source image was consensually obtained.
Available remedies include injunctive relief, compensatory and punitive damages, and reasonable court costs and attorneys' fees. A separate subdivision permits the depicted person to obtain a court order requiring a website to permanently remove the offending image. The section asserts personal jurisdiction over any website hosting or transmitting such images that are viewable in New York, to the maximum extent permitted by the U.S. Constitution. A three-year statute of limitations applies, with a one-year discovery rule. Exemptions cover law enforcement, legal proceedings, medical treatment, voluntary public exposure, and legitimate public purposes. The section preserves Section 230 protections and includes a severability clause.
This act shall take effect on the ninetieth day after it shall have become a law.
The act takes effect on the ninetieth day after it becomes law. No specific calendar date is set because the bill has not yet been enacted.