Bill Text: NY S07676 | 2023-2024 | General Assembly | Amended

New York Senate Bill 7676

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-06-07 - returned to senate [S07676 Detail]

Download: New_York-2023-S07676-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                         7676--A
            Cal. No. 945

                               2023-2024 Regular Sessions

                    IN SENATE

                                     October 2, 2023
                                       ___________

        Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules  --  recommitted  to
          the Committee on Judiciary in accordance with Senate Rule 6, sec. 8 --
          reported  favorably  from  said committee, ordered to first and second
          report, ordered to a third reading,  amended  and  ordered  reprinted,
          retaining its place in the 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. Contracts for the creation and use of digital  replicas.  Any
     4  provision  in an agreement between an individual and any other person or
     5  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    1.  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    2. The provision does not include a reasonably specific description of
    13  the intent of the digital replica.
    14    3. The individual was not:
    15    (a) represented by legal counsel who negotiated on behalf of the indi-
    16  vidual licensing the individual's digital replica rights and the licens-
    17  ing  terms  are  not  stated  clearly and conspicuously in an employment
    18  contract that is separately signed or initialed by the individual or  in
    19  a separate writing that is signed by the individual; or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13334-02-4

        S. 7676--A                          2

     1    (b)  represented  by  a labor organization representing workers who do
     2  the proposed work and the terms of their collective bargaining agreement
     3  expressly cover uses of digital replicas.
     4    §  2.  This  act  shall take effect January 1, 2025 and shall apply to
     5  contracts entered into or modified on or after such effective date.