‘Right To Publicity’ Law Protects Deceased Individuals Against the Commercial Exploitation of Their Name or Likeness

The Power of the Pen

Governor Andrew Cuomo has signed legislation (S5959D /A.5605-C) that establishes a “Right to Publicity” for deceased individuals to protect against the commercial exploitation, or unauthorized use, of their personal characteristics that have commercial value – their name, picture, voice or signature after their death. Additionally, these rights can be exercised by their descendants, giving performers estates the ability to control and protect their likeness or image after they have died. The legislation also creates new penalties for publishing sexually explicit depictions of individuals, protecting people from revenge porn and “deep fakes,” which are synthetic media that are increasingly being used in the digital age to create images of fake events.

“In the digital age, deceased individuals can often fall victim to bad actors that seek to capitalize on their death and profit off of their likeness after they pass away – that ends today,” Governor Cuomo said. “This legislation is an important step in protecting the rights of deceased individuals while creating a safer, fairer New York for decades to come.”

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Source: The Office of Governor Andrew M. Cuomo