New York Assembly Bill A08138 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 8138--A 2023-2024 Regular Sessions  IN ASSEMBLY October 13, 2023 ___________ Introduced by M. of A. WEINSTEIN, L. ROSENTHAL, BRONSON -- read once and referred to the Committee on Judiciary -- recommitted to the Committee on Judiciary in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the social services law, in relation to eligibility for the temporary assistance to needy families block grant program, safety net assistance and medical assistance for certain noncitizens The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general obligations law is amended by adding a new 2 section 5-302 to read as follows: 3 § 5-302. 1. Contracts for the creation and use of digital replicas. 4 Any provision in an agreement between an individual and any other person 5 or entity for the performance of personal or professional services is 6 contrary to public policy and shall be void and unenforceable as it 7 relates to a new performance by digital replication if the provision 8 meets all of the following conditions: 9 (a) The provision allows for the creation and use of a digital replica 10 of the individual's voice or likeness in place of work the individual 11 would otherwise have performed in person. 12 (b) The provision does not include a reasonably specific description 13 of the intended use of the digital replica. Failure to include a reason- 14 ably specific description of the intended uses of a digital replica 15 shall not render the provision unenforceable when the uses are consist- 16 ent with the terms of the contract for the performance of personal or 17 professional services and consistent with the fundamental character of 18 the photography or sound track as recorded or performed. 19 (c) The individual was not: 20 (i) represented by legal counsel who negotiated on behalf of the indi- 21 vidual licensing the individual's digital replica rights and the licens- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13334-09-4 
 A. 8138--A 2 1 ing terms are not stated clearly and conspicuously in an employment 2 contract that is separately signed or initialed by the individual or in 3 a separate writing that is signed by the individual; or 4 (ii) represented by a labor organization representing workers who do 5 the proposed work and the terms of their collective bargaining agreement 6 expressly address uses of digital replicas. 7 2. This section shall not affect provisions of a contract other than a 8 provision that falls under subdivision one of this section. 9 3. As used in this section, "digital replica" means a digital simu- 10 lation of the voice or likeness of an individual that so closely resem- 11 bles the individual's voice or likeness that a layperson would not be 12 able to readily distinguish the digital simulation from the individual's 13 authentic voice or likeness. 14 § 2. This act shall take effect January 1, 2025 and shall apply to 15 contracts entered into or modified on or after such effective date.