Bill Text: NY S07676 | 2023-2024 | General Assembly | Amended
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--B 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 -- again 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. 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. 19 (c) The individual was not: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13334-08-4S. 7676--B 2 1 (i) represented by legal counsel who negotiated on behalf of the indi- 2 vidual licensing the individual's digital replica rights and the licens- 3 ing terms are not stated clearly and conspicuously in an employment 4 contract that is separately signed or initialed by the individual or in 5 a separate writing that is signed by the individual; or 6 (ii) represented by a labor organization representing workers who do 7 the proposed work and the terms of their collective bargaining agreement 8 expressly address uses of digital replicas. 9 2. This section shall not affect provisions of a contract other than a 10 provision that falls under subdivision one of this section. 11 3. As used in this section, "digital replica" means a digital simu- 12 lation of the voice or likeness of an individual that so closely resem- 13 bles the individual's voice or likeness that a layperson would not be 14 able to readily distinguish the digital simulation from the individual's 15 authentic voice or likeness. 16 § 2. This act shall take effect January 1, 2025 and shall apply to 17 contracts entered into or modified on or after such effective date.
