New York S 8391 (L. 2025, ch. 616): Civil Rights Law 50-f, deceased performers' digital replicas

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))

N.Y. Civ. Rights Law 50-f(1)(a)-(b) (as amended by L. 2025, ch. 616) · official text · In force: applies since 11 Dec 2025 · New York (US-NY)

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by L. 2025, ch. 616); the former defence of a conspicuous disclaimer in the credits and related advertisements is repealed.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.

Who it applies to

• Duty falls on: any person
• Any person who uses a digital replica of a deceased performer (a deceased personality domiciled in New York at death who was regularly engaged in acting, singing, dancing or playing a musical instrument for gain) in an audiovisual work, sound recording or live musical performance, knowing it is a digital replica and not authorized by the right holder, without prior consent. In force 2025-12-11. Domicile at death, the performer test, knowledge and the exemptions are human determinations.
• Not covered:
  • Parody, satire, commentary or criticism; works of political or newsworthy value, or similar works such as documentaries, docudramas or historical or biographical works, including some degree of fictionalization; a representation of a deceased performer as themself, except in a live performance of a musical work; de minimis or incidental uses; an advertisement or commercial announcement for any of these works (50-f(2)(d)(ii))
  • Uses in connection with any news, public affairs or sports program or account, or any political campaign (50-f(2)(d)(iii))
  • Owners or employees of an advertising medium that publishes or disseminates the material, unless they had actual knowledge by prior notification (50-f(9))
  • Electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering or digital remastering authorized by the copyright holder is not a digital replica (50-f(1)(c))
• Whether it applies depends on facts outside the code; a person has to decide.

def render_tribute(job):
    tts.tts_to_file(text=job.script, speaker_wav=job.late_artist_sample,
                    language='en', file_path=job.out_path)
    publish(job.out_path, title=job.title)

def render_tribute(job):
    grant = estate_consent.lookup(personality_id=job.personality_id, use='sound_recording')
    exception = job.exception_determination   # e.g. 'parody_exception', set by a reviewer
    if grant is None and exception is None:
        raise ReplicaBlocked('no estate consent or reviewed exception for this personality')
    tts.tts_to_file(text=job.script, speaker_wav=job.late_artist_sample,
                    language='en', file_path=job.out_path)
    publish(job.out_path, title=job.title,
            rights_ref=grant.id if grant else f'exception:{exception}')

Rule id ny-s8391.deceased-performer-digital-replica-consent · review status: primary source derived