Bill Text: NY A08138 | 2023-2024 | General Assembly | Amended

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Bill Title: Establishes contract requirements for contracts involving the creation and use of digital replicas.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2024-06-07 - substituted by s7676b [A08138 Detail]

Download: New_York-2023-A08138-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8138--B
                                                                   R. R. 532

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    October 13, 2023
                                       ___________

        Introduced  by  M. of A. WEINSTEIN, L. ROSENTHAL, BRONSON, BORES -- read
          once and referred to the Committee on Judiciary -- recommitted to  the
          Committee  on  Judiciary in accordance with Assembly Rule 3, sec. 2 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted  to said committee -- reported and referred to the Commit-
          tee on Ways and Means -- reported and referred  to  the  Committee  on
          Rules -- ordered to a third reading -- amended on the special order of
          third  reading,  ordered  reprinted as amended, retaining its place on
          the special order of third reading

        AN ACT to amend the general obligations law, in  relation  to  contracts
          for the creation and use of digital replicas

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The general obligations law is  amended  by  adding  a  new
     2  section 5-302 to read as follows:
     3    §  5-302.  1.  Contracts for the creation and use of digital replicas.
     4  Any provision in an agreement between an individual and any other person
     5  or entity for the performance of personal or  professional  services  is
     6  contrary  to  public  policy  and  shall be void and unenforceable as it
     7  relates to a new performance by digital  replication  if  the  provision
     8  meets all of the following conditions:
     9    (a) The provision allows for the creation and use of a digital replica
    10  of  the  individual's  voice or likeness in place of work the individual
    11  would otherwise have performed in person.
    12    (b) The provision does not include a reasonably  specific  description
    13  of the intended use of the digital replica. Failure to include a reason-
    14  ably  specific  description  of  the  intended uses of a digital replica
    15  shall not render the provision unenforceable when the uses are  consist-
    16  ent  with  the  terms of the contract for the performance of personal or
    17  professional services and consistent with the fundamental  character  of
    18  the photography or sound track as recorded or performed.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13334-10-4
        A. 8138--B                          2

     1    (c) The individual was not:
     2    (i) represented by legal counsel who negotiated on behalf of the indi-
     3  vidual licensing the individual's digital replica rights and the licens-
     4  ing  terms  are  not  stated  clearly and conspicuously in an employment
     5  contract that is separately signed or initialed by the individual or  in
     6  a separate writing that is signed by the individual; or
     7    (ii)  represented  by a labor organization representing workers who do
     8  the proposed work and the terms of their collective bargaining agreement
     9  expressly address uses of digital replicas.
    10    2. This section shall not affect provisions of a contract other than a
    11  provision that falls under subdivision one of this section.
    12    3. As used in this section, "digital replica" means  a  digital  simu-
    13  lation  of the voice or likeness of an individual that so closely resem-
    14  bles the individual's voice or likeness that a layperson  would  not  be
    15  able to readily distinguish the digital simulation from the individual's
    16  authentic voice or likeness.
    17    §  2.  This  act  shall take effect January 1, 2025 and shall apply to
    18  contracts entered into or modified on or after such effective date.