Binding law — in force
Obtain the rights holder's prior consent before using a deceased performer's digital replica (New York Civil Rights Law 50-f(2)(b))
From 2025-12-11, any person who uses a deceased performer's digital replica in an audiovisual work, sound recording or the live performance of a musical work, with knowledge that the use was of a digital replica and was not authorized by the applicable right holder, is liable for damages if the use occurs without prior consent from the persons specified in 50-f(4) (Civil Rights Law 50-f(2)(b) as amended by L. 2025, ch. 616); the former defence of a conspicuous disclaimer in the credits and related advertisements is repealed. A digital replica is a newly created, computer-generated, highly realistic electronic representation readily identifiable as the voice or visual likeness of an individual, embodied in a sound recording, image, audiovisual work or transmission in which the individual did not perform or appear, or whose performance was materially altered. Damages are the greater of $2,000 or compensatory damages, plus attributable profits; punitive damages may be awarded. Detect deceased-personality voice or face generation with no rights-holder consent check.
ny-s8391.deceased-performer-digital-replica-consent · N.Y. Civ. Rights Law 50-f(1)(a)-(b) (as amended by L. 2025, ch. 616) · official source · jurisdictions: US-NY