New York Governor Signs New Postmortem Right of Publicity Bill

Tuesday, December 01, 2020 - 11:00 am PT
New York Postmortem Right of Publicity Bill Signed Governor Cuomo

On November 30th, 2020, the Governor of New York signed into law a new postmortem provision which for the first time will add a postmortem right to the state's law, lasting 40 years after death. This new law also addresses the unlawful dissemination and publication of  "sexually explicit depictions," and adds a digital replica right for deceased performers. It has robust protections for expressive works.  For more on the law see my earlier write-up on it.

The text of the bill as signed can be found here: S05959D on the New York legislature's website.

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This book from Harvard University Press by Professor Jennifer Rothman traces the history and development of the right of publicity and its current collision course with individual liberty, free speech and copyright law.

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