New York legislators pass bill to protect post-mortem rights

The New York State Legislature in the USA passed a bill that extends the protection of one’s right of publicity after death. The bill, once signed by the Governor of New York, would create a new right of publicity of the deceased, whose publicity rights (e.g. name, likeness, photograph, voice, and signature) have commercial value at the time of their death or because of their death. The bill would also create liability for the use of deep fakes and the deceptive use of digital replicas of a deceased ‘performer’ if such use would likely deceive the public into thinking the use was approved by the deceased person or its estate. The bill defines a performer as an individual who lived in New York at the time of death and who regularly engaged in singing, acting , dancing, or playing a musical instrument. The bill would ensure post-mortem rights for 40 years after the individual’s death.

 

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