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Bill

Bill

S 8391

Relates to the right of publicity

2025 Regular Session Introduced by Mike Gianaris

Bill S 8391 protects individuals' rights to control the commercial use of their identity, allowing legal action against unauthorized use, impacting celebrities and businesses alike.

RETURNED TO SENATE
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WeVote Research Nonpartisan
Bill Summary · S 8391

Summary of Bill S 8391: Right of Publicity

Overview

Bill S 8391 aims to establish and clarify the right of publicity, which protects individuals from unauthorized commercial use of their name, image, or likeness. This legislation is particularly relevant in the context of digital media and advertising, where the misuse of a person's identity can lead to significant financial and reputational harm.

Key Provisions

  • Definition of Right of Publicity: The bill defines the right of publicity as the right of an individual to control the commercial use of their identity, including their name, image, voice, and likeness.
  • Duration of Rights: It specifies that these rights are inheritable and can be transferred, ensuring that the rights of publicity extend beyond an individual's lifetime.
  • Exceptions: The bill outlines certain exceptions where the right of publicity may not apply, such as in cases of news reporting, commentary, or artistic expression.
  • Enforcement Mechanisms: It provides individuals with the ability to seek legal remedies for unauthorized use, including injunctions and damages.

Impact

  • Individuals: The bill primarily affects public figures, celebrities, and ordinary individuals whose likenesses may be used for commercial purposes without consent.
  • Businesses: Companies in advertising, media, and entertainment sectors will need to ensure compliance with the new regulations to avoid legal repercussions.
  • Legal Landscape: This legislation could lead to an increase in litigation related to the right of publicity, as individuals seek to enforce their rights against unauthorized uses.

Legislative Timeline

  • Introduced: June 06, 2025
  • Senate Actions:
    • June 06, 2025: Referred to Rules
    • June 12, 2025: Ordered to Third Reading
    • June 13, 2025: Passed Senate and Delivered to Assembly
  • Assembly Actions:
    • June 13, 2025: Referred to Judiciary
    • June 17, 2025: Substituted for A 8882, Ordered to Third Reading, and Passed Assembly
  • Return to Senate: June 17, 2025, the bill was returned to the Senate for further consideration.

Related Legislation

  • A 8882: This bill serves as a companion to S 8391, likely addressing similar issues regarding the right of publicity.

Current Status

As of now, Bill S 8391 has been returned to the Senate, indicating that further discussions or amendments may be needed before it can be enacted into law.

This summary provides a concise overview of the bill's intent, key provisions, and potential impacts, making it accessible for both legal professionals and the general public interested in understanding the implications of the right of publicity legislation.

Compiled from official sources — confirm details with the bill’s official record.

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