Relates to the right of publicity; amends the definitions of "deceased performer", "deceased personality" and "digital replica" in relation to the right of publicity; relates to the use of a deceased performer's digital replica without authorization by the applicable right holder.
Impact
The proposed changes in S08391 will have significant implications for various industries, particularly those involving entertainment and advertising. By mandating consent before a deceased personality's likeness can be used commercially, the bill aims to prevent unauthorized exploitation of a person's image and ensure that their heirs can benefit financially from their legacy. This change would reinforce the property rights surrounding an individual's likeness, making it transferable and ensuring heirs can manage these rights posthumously.
Summary
Bill S08391 seeks to amend the civil rights law regarding the right of publicity, specifically focusing on the posthumous rights of deceased performers. The bill updates the definitions of 'deceased performer', 'deceased personality', and 'digital replica', aiming to clarify the legal landscape surrounding the use of a deceased personality's likeness, name, or voice. This legislation intends to provide greater protection for the commercial use of a deceased individual's identity and ensure that any such use requires authorization from the right holders, which often include family members or estates.
Contention
However, the bill is not without contention. Critics argue that the definitions and scope of the term 'digital replica' raise concerns regarding artistic expressions and fair use, particularly in parody or commentary. There are fears that overregulation might create barriers for creative work that utilizes historical figures, leading to unintended consequences for freedom of expression. Additionally, some stakeholders worry that the stipulations may complicate the production of documentaries or fictional works that aim to honor these personalities, rather than exploit them.
Considerations
As the bill progresses, it is crucial for lawmakers to balance the rights of deceased personalities and their families against the interests of creators and the public. The discussion surrounding S08391 highlights the complexities of intellectual property in the digital age, where advancements in technology enable the creation of realistic representations of individuals long after their death. Stakeholders from both sides of this debate will continue to influence the legislative process as S08391 makes its way through the legislative body.
Same As
Relates to the right of publicity; amends the definitions of "deceased performer", "deceased personality" and "digital replica" in relation to the right of publicity; relates to the use of a deceased performer's digital replica without authorization by the applicable right holder.
Provides that a great-grandparent may apply to the supreme court for visitation rights with respect to certain minor great-grandchildren where either or both of the parents of such child is or are deceased.
Creates a residential condominium owner's bill of rights that includes the right to transparency, the right to timely decisions, voting rights, the right to notice, and the right against extraordinary expenses.
Creates a residential condominium owner's bill of rights that includes the right to transparency, the right to timely decisions, voting rights, the right to notice, and the right against extraordinary expenses.
Adds to the definition of trespassing in the third degree, not having entered a lease or license for such building or real property with the rightful owner, enters or remains in such building or upon such real property or otherwise occupies such building or real property without title, right, permission of the rightful owner, or payment of rent accepted by the rightful owner.
Relates to the right of publicity; amends the definitions of "deceased performer", "deceased personality" and "digital replica" in relation to the right of publicity; relates to the use of a deceased performer's digital replica without authorization by the applicable right holder.
Clarifies the right of publicity including the definitions of who and what qualifies as a digital replica; provides guidance as to digital replicas that do not violate an individual or deceased individual's right to publicity; expands the statute of limitations for an action brought for violating an individual's right to publicity.
Encouraging The United States Congress To Pass The Nurture Originals, Foster Art, And Keep Entertainment Safe Act Of 2023 (no Fakes Act) And The No Artificial Intelligence Fake Replicas And Unauthorized Duplications Act Of 2024 (no Ai Fraud Act).
Encouraging The United States Congress To Pass The Nurture Originals, Foster Art, And Keep Entertainment Safe Act Of 2023 (no Fakes Act) And The No Artificial Intelligence Fake Replicas And Unauthorized Duplications Act Of 2024 (no Ai Fraud Act).