S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10800
 
                           I N  A S S E M B L Y
 
                               July 10, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Weinstein,
   Dinowitz, Gunther,  Englebright,  Weprin,  Arroyo,  Nolan,  DenDekker,
   L. Rosenthal,  Gottfried,  Braunstein,  D'Urso,  Fahy, Hevesi, Jaffee,
   Stirpe, Taylor) -- read once and referred to the Committee on  Judici-
   ary
 
 AN  ACT  to  amend the civil rights law, in relation to establishing the
   right of publicity and to providing a  private  right  of  action  for
   unlawful dissemination or publication of a sexually explicit depiction
   of an individual
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil rights law is amended by  adding  a  new  section
 50-f to read as follows:
   § 50-F. RIGHT OF PUBLICITY. 1. FOR PURPOSES OF THIS SECTION:
   A.  "DECEASED  PERFORMER" MEANS A DECEASED NATURAL PERSON DOMICILED IN
 THIS STATE AT THE TIME OF DEATH WHO, FOR GAIN OR LIVELIHOOD,  WAS  REGU-
 LARLY  ENGAGED IN ACTING, SINGING, DANCING, OR PLAYING A MUSICAL INSTRU-
 MENT.
   B. "DECEASED PERSONALITY" MEANS ANY DECEASED NATURAL PERSON  DOMICILED
 IN  THIS STATE AT THE TIME OF DEATH WHOSE NAME, VOICE, SIGNATURE, PHOTO-
 GRAPH, OR LIKENESS HAS COMMERCIAL VALUE AT THE TIME OF HIS OR HER DEATH,
 OR BECAUSE OF HIS OR HER DEATH, WHETHER OR NOT DURING  THE  LIFETIME  OF
 THAT  NATURAL  PERSON THE PERSON USED HIS OR HER NAME, VOICE, SIGNATURE,
 PHOTOGRAPH, OR LIKENESS ON OR IN PRODUCTS, MERCHANDISE, OR GOODS, OR FOR
 PURPOSES OF ADVERTISING OR SELLING,  OR  SOLICITATION  OF  PURCHASE  OF,
 PRODUCTS, MERCHANDISE, GOODS, OR SERVICES.
   C.  "DIGITAL REPLICA" MEANS A NEWLY CREATED, ORIGINAL, COMPUTER-GENER-
 ATED, ELECTRONIC PERFORMANCE BY AN INDIVIDUAL IN A  SEPARATE  AND  NEWLY
 CREATED,  ORIGINAL  EXPRESSIVE  SOUND  RECORDING  OR AUDIOVISUAL WORK IN
 WHICH THE INDIVIDUAL DID NOT ACTUALLY PERFORM, THAT IS SO REALISTIC THAT
 A REASONABLE OBSERVER WOULD BELIEVE IT IS A PERFORMANCE BY THE  INDIVID-
 UAL  BEING PORTRAYED AND NO OTHER INDIVIDUAL. A DIGITAL REPLICA DOES NOT
 INCLUDE THE ELECTRONIC REPRODUCTION, COMPUTER GENERATED OR OTHER DIGITAL
 REMASTERING  OF  AN  EXPRESSIVE  SOUND  RECORDING  OR  AUDIOVISUAL  WORK
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05914-17-0

 A. 10800                            2
 
 CONSISTING  OF AN INDIVIDUAL'S ORIGINAL OR RECORDED PERFORMANCE, NOR THE
 MAKING OR DUPLICATION OF ANOTHER RECORDING THAT CONSISTS ENTIRELY OF THE
 INDEPENDENT FIXATION OF OTHER SOUNDS, EVEN IF  SUCH  SOUNDS  IMITATE  OR
 SIMULATE THE VOICE OF THE INDIVIDUAL.
   D.  "SOUND  RECORDINGS"  ARE  WORKS THAT RESULT FROM THE FIXATION OF A
 SERIES OF MUSICAL, SPOKEN, OR OTHER SOUNDS, BUT NOT INCLUDING THE SOUNDS
 ACCOMPANYING A MOTION PICTURE OR OTHER AUDIOVISUAL WORK,  REGARDLESS  OF
 THE  NATURE  OF  THE  MATERIAL  OBJECTS,  SUCH AS DISKS, TAPES, OR OTHER
 PHONORECORDS, IN WHICH THEY ARE EMBODIED.
   2. A. ANY PERSON WHO USES A DECEASED PERSONALITY'S NAME, VOICE, SIGNA-
 TURE, PHOTOGRAPH, OR  LIKENESS,  IN  ANY  MANNER,  ON  OR  IN  PRODUCTS,
 MERCHANDISE,  OR  GOODS,  OR  FOR PURPOSES OF ADVERTISING OR SELLING, OR
 SOLICITING PURCHASES OF,  PRODUCTS,  MERCHANDISE,  GOODS,  OR  SERVICES,
 WITHOUT  PRIOR  CONSENT FROM THE PERSON OR PERSONS SPECIFIED IN SUBDIVI-
 SION FOUR OF THIS SECTION, SHALL BE LIABLE FOR ANY DAMAGES SUSTAINED  BY
 THE PERSON OR PERSONS INJURED AS A RESULT THEREOF.
   B.  ANY  PERSON  WHO  USES A DECEASED PERFORMER'S DIGITAL REPLICA IN A
 SCRIPTED AUDIOVISUAL WORK AS A  FICTIONAL  CHARACTER  OR  FOR  THE  LIVE
 PERFORMANCE  OF A MUSICAL WORK SHALL BE LIABLE FOR ANY DAMAGES SUSTAINED
 BY THE PERSON OR PERSONS INJURED AS A RESULT THEREOF IF THE  USE  OCCURS
 WITHOUT  PRIOR CONSENT FROM THE PERSON OR PERSONS IN SUBDIVISION FOUR OF
 THIS SECTION, IF THE USE IS LIKELY TO DECEIVE THE PUBLIC  INTO  THINKING
 IT WAS AUTHORIZED BY THE PERSON OR PERSONS SPECIFIED IN SUBDIVISION FOUR
 OF  THIS  SECTION.  A  USE SHALL NOT BE CONSIDERED LIKELY TO DECEIVE THE
 PUBLIC INTO THINKING IT WAS AUTHORIZED BY THE PERSON OR  PERSONS  SPECI-
 FIED  IN  SUBDIVISION FOUR OF THIS SECTION IF THE PERSON MAKING SUCH USE
 PROVIDES A CONSPICUOUS DISCLAIMER IN THE CREDITS OF THE  SCRIPTED  AUDI-
 OVISUAL  WORK,  AND  IN  ANY  RELATED ADVERTISEMENT IN WHICH THE DIGITAL
 REPLICA APPEARS, STATING THAT THE USE OF THE  DIGITAL  REPLICA  HAS  NOT
 BEEN  AUTHORIZED  BY THE PERSON OR PERSONS SPECIFIED IN SUBDIVISION FOUR
 OF THIS SECTION.
   C. IN ANY ACTION BROUGHT UNDER THIS SECTION:
   I. THE PERSON WHO VIOLATED THE SECTION SHALL BE LIABLE TO THE  INJURED
 PARTY  OR  PARTIES  IN  AN  AMOUNT  EQUAL TO THE GREATER OF TWO THOUSAND
 DOLLARS OR THE COMPENSATORY DAMAGES SUFFERED BY  THE  INJURED  PARTY  OR
 PARTIES,  AS  A RESULT OF THE UNAUTHORIZED USE, AND ANY PROFITS FROM THE
 UNAUTHORIZED USE THAT ARE ATTRIBUTABLE TO SUCH USE  AND  ARE  NOT  TAKEN
 INTO ACCOUNT IN COMPUTING THE COMPENSATORY DAMAGES.
   II.  IN ESTABLISHING PROFITS UNDER THIS SUBDIVISION, THE INJURED PARTY
 OR PARTIES SHALL BE REQUIRED TO PRESENT PROOF ONLY OF THE GROSS  REVENUE
 ATTRIBUTABLE  TO  THE UNAUTHORIZED USE, AND THE PERSON WHO VIOLATED THIS
 SECTION IS REQUIRED TO PROVE HIS OR HER DEDUCTIBLE EXPENSES.
   III. PUNITIVE DAMAGES MAY ALSO BE AWARDED  TO  THE  INJURED  PARTY  OR
 PARTIES.
   D. FOR PURPOSES OF THIS SUBDIVISION:
   I.  IT  SHALL NOT BE A VIOLATION OF PARAGRAPH A OF THIS SUBDIVISION IF
 THE WORK IS A PLAY, BOOK, MAGAZINE, NEWSPAPER, OR OTHER  LITERARY  WORK;
 MUSICAL  WORK  OR COMPOSITION; WORK OF ART OR OTHER VISUAL WORK; WORK OF
 POLITICAL, PUBLIC INTEREST, EDUCATIONAL OR NEWSWORTHY  VALUE,  INCLUDING
 COMMENT,  CRITICISM,  PARODY OR SATIRE; AUDIO OR AUDIOVISUAL WORK, RADIO
 OR TELEVISION PROGRAM, IF IT IS FICTIONAL OR NONFICTIONAL ENTERTAINMENT;
 OR AN ADVERTISEMENT OR COMMERCIAL ANNOUNCEMENT FOR ANY OF THE  FOREGOING
 WORKS.
   II.  IT SHALL NOT BE A VIOLATION OF PARAGRAPH B OF THIS SUBDIVISION IF
 THE WORK IS OF PARODY, SATIRE, COMMENTARY, OR CRITICISM; WORKS OF  POLI-
 TICAL  OR  NEWSWORTHY  VALUE,  OR  SIMILAR WORKS, SUCH AS DOCUMENTARIES,

 A. 10800                            3
 
 DOCUDRAMAS, OR HISTORICAL  OR  BIOGRAPHICAL  WORKS,  REGARDLESS  OF  THE
 DEGREE  OF FICTIONALIZATION; A REPRESENTATION OF A DECEASED PERFORMER AS
 HIMSELF OR HERSELF, REGARDLESS OF THE DEGREE OF FICTIONALIZATION, EXCEPT
 IN A LIVE PERFORMANCE OF A MUSICAL WORK; DE MINIMIS OR INCIDENTAL; OR AN
 ADVERTISEMENT OR COMMERCIAL ANNOUNCEMENT FOR ANY OF THE FOREGOING WORKS.
   III. IT SHALL NOT BE A VIOLATION OF THIS SECTION IF THE USE OF A NAME,
 VOICE,  SIGNATURE, PHOTOGRAPH, OR LIKENESS OCCURS IN CONNECTION WITH ANY
 NEWS, PUBLIC AFFAIRS,  OR  SPORTS  PROGRAM  OR  ACCOUNT,  REGARDLESS  OF
 FORMAT, MEDIUM OR MEANS OF TRANSMISSION, OR ANY POLITICAL CAMPAIGN.
   IV.  IT  SHALL  NOT  BE A VIOLATION OF THIS SECTION IF THE USE IS OF A
 NAME, VOICE, SIGNATURE, PHOTOGRAPH, OR LIKENESS IN A  COMMERCIAL  MEDIUM
 SOLELY BECAUSE THE MATERIAL CONTAINING THE USE IS COMMERCIALLY SPONSORED
 OR CONTAINS PAID ADVERTISING OR PRODUCT PLACEMENT, OR INCLUDES WITHIN IT
 A  USE  IN  CONNECTION  WITH A PRODUCT, ARTICLE OF MERCHANDISE, GOOD, OR
 SERVICE. RATHER, IT SHALL BE A QUESTION OF FACT WHETHER OR NOT  THE  USE
 OF  THE  DECEASED  PERSONALITY'S  NAME, VOICE, SIGNATURE, PHOTOGRAPH, OR
 LIKENESS WAS SO DIRECTLY CONNECTED WITH THE  COMMERCIAL  SPONSORSHIP  OR
 WITH  THE  PAID  ADVERTISING OR PRODUCT PLACEMENT AS TO CONSTITUTE A USE
 FOR WHICH CONSENT IS REQUIRED UNDER THIS SUBDIVISION.
   E. IN RELATION TO A VIOLATION OF  PARAGRAPH A OF THIS SUBDIVISION,  IF
 A  WORK THAT IS PROTECTED UNDER PARAGRAPH D OF THIS SUBDIVISION INCLUDES
 WITHIN IT A USE IN CONNECTION WITH A PRODUCT,  ARTICLE  OF  MERCHANDISE,
 GOOD, OR SERVICE, THIS USE SHALL NOT BE EXEMPT UNDER PARAGRAPH D OF THIS
 SUBDIVISION,  NOTWITHSTANDING  THE UNPROTECTED USE'S INCLUSION IN A WORK
 OTHERWISE EXEMPT UNDER PARAGRAPH D OF THIS SUBDIVISION, IF THE  CLAIMANT
 PROVES THAT THIS USE IS SO DIRECTLY CONNECTED WITH A PRODUCT, ARTICLE OF
 MERCHANDISE,  GOOD,  OR  SERVICE AS TO CONSTITUTE AN ACT OF ADVERTISING,
 SELLING, OR SOLICITING PURCHASES OF THAT PRODUCT,  ARTICLE  OF  MERCHAN-
 DISE, GOOD, OR SERVICE BY THE DECEASED PERSONALITY WITHOUT PRIOR CONSENT
 FOR  THE  USE  UNDER  PARAGRAPH A OF THIS SUBDIVISION FROM THE PERSON OR
 PERSONS SPECIFIED IN SUBDIVISION FOUR OF THIS SECTION.
   3. THE RIGHTS RECOGNIZED UNDER THIS SECTION ARE PROPERTY RIGHTS, FREE-
 LY TRANSFERABLE OR DESCENDIBLE,  IN  WHOLE  OR  IN  PART,  BY  CONTRACT,
 LICENSE,  GIFT,  OR  BY  MEANS  OF  ANY  TRUST OR ANY OTHER TESTAMENTARY
 INSTRUMENT. IN THE ABSENCE OF AN  EXPRESS  TRANSFER  IN  A  TESTAMENTARY
 INSTRUMENT  OF  THE  DECEASED  PERSONALITY'S  RIGHTS IN HIS OR HER NAME,
 VOICE, SIGNATURE, PHOTOGRAPH, OR LIKENESS, A PROVISION IN THE  TESTAMEN-
 TARY  INSTRUMENT THAT PROVIDES FOR THE DISPOSITION OF THE RESIDUE OF THE
 DECEASED PERSONALITY'S ASSETS SHALL BE EFFECTIVE TO TRANSFER THE  RIGHTS
 RECOGNIZED  UNDER  THIS  SECTION  IN  ACCORDANCE  WITH THE TERMS OF THAT
 PROVISION. THE RIGHTS ESTABLISHED BY THIS SECTION SHALL ALSO  BE  FREELY
 TRANSFERABLE  OR  DESCENDIBLE  BY CONTRACT, LICENSE, GIFT, TRUST, OR ANY
 OTHER TESTAMENTARY INSTRUMENT BY ANY SUBSEQUENT OWNER  OF  THE  DECEASED
 PERSONALITY'S  RIGHTS  AS  RECOGNIZED  BY  THIS SECTION. NOTHING IN THIS
 SECTION SHALL BE  CONSTRUED  TO  RENDER  INVALID  OR  UNENFORCEABLE  ANY
 CONTRACT  ENTERED INTO BY A DECEASED PERSONALITY DURING HIS OR HER LIFE-
 TIME BY WHICH THE DECEASED PERSONALITY ASSIGNED THE RIGHTS, IN WHOLE  OR
 IN  PART, TO USE HIS OR HER NAME, VOICE, SIGNATURE, PHOTOGRAPH, OR LIKE-
 NESS.
   4. THE CONSENT REQUIRED BY THIS SECTION SHALL BE  EXERCISABLE  BY  THE
 PERSON  OR PERSONS TO WHOM THE RIGHT OF CONSENT, OR PORTION THEREOF, HAS
 BEEN TRANSFERRED IN ACCORDANCE WITH SUBDIVISION THREE OF  THIS  SECTION,
 OR  IF  NO  TRANSFER HAS OCCURRED, THEN BY THE PERSON OR PERSONS TO WHOM
 THE RIGHT OF CONSENT, OR PORTION THEREOF, HAS PASSED IN ACCORDANCE  WITH
 SUBDIVISION FIVE OF THIS SECTION.

 A. 10800                            4
 
   5.  SUBJECT  TO SUBDIVISIONS THREE AND FOUR OF THIS SECTION, THE RIGHT
 TO PUBLICITY OF AN INDIVIDUAL DYING INTESTATE SHALL BE DISTRIBUTED UNDER
 THE LAWS OF INTESTATE SUCCESSION, AND THE RIGHTS AND  REMEDIES  OF  THIS
 ARTICLE MAY BE EXERCISED AND ENFORCED BY A PERSON OR PERSONS WHO POSSESS
 AT  LEAST  A  FIFTY-ONE  PERCENT  INTEREST  OF THE INDIVIDUAL'S RIGHT OF
 PUBLICITY. SUCH PERSONS SHALL MAKE A  PROPORTIONAL  ACCOUNTING  TO,  AND
 SHALL  ACT  AT ALL TIMES IN GOOD FAITH WITH RESPECT TO, ANY OTHER PERSON
 IN WHOM THE RIGHTS BEING ENFORCED HAVE VESTED.
   6. IF ANY DECEASED PERSONALITY DOES NOT TRANSFER  HIS  OR  HER  RIGHTS
 UNDER  THIS  SECTION BY CONTRACT, OR BY MEANS OF A TRUST OR TESTAMENTARY
 INSTRUMENT, AND THERE ARE NO SURVIVING PERSONS AS DESCRIBED IN  SUBDIVI-
 SION  FIVE OF THIS SECTION, THEN THE RIGHTS SET FORTH IN SUBDIVISION TWO
 OF THIS SECTION SHALL TERMINATE.
   7. A. ANY PERSON CLAIMING TO BE A SUCCESSOR IN INTEREST TO THE  RIGHTS
 OF  A  DECEASED PERSONALITY UNDER THIS SECTION OR A LICENSEE THEREOF MAY
 REGISTER THAT CLAIM WITH THE SECRETARY OF STATE ON A FORM PRESCRIBED  BY
 THE SECRETARY OF STATE AND UPON PAYMENT OF A FEE, WHICH THE SECRETARY OF
 STATE  SHALL  SET  BY RULE. THE FORM SHALL BE VERIFIED AND SHALL INCLUDE
 THE NAME AND DATE OF DEATH OF THE DECEASED  PERSONALITY,  THE  NAME  AND
 ADDRESS OF THE CLAIMANT, THE BASIS OF THE CLAIM, AND THE RIGHTS CLAIMED.
 A  SUCCESSOR  IN  INTEREST TO THE RIGHTS OF A DECEASED PERSONALITY UNDER
 THIS SECTION OR A LICENSEE THEREOF SHALL NOT HAVE A CAUSE OF ACTION  FOR
 A  USE  PROHIBITED  BY  THIS SECTION THAT OCCURS BEFORE THE SUCCESSOR IN
 INTEREST OR LICENSEE REGISTERS A CLAIM OF THE RIGHTS.
   B. UPON RECEIPT AND AFTER FILING OF ANY DOCUMENT UNDER  THIS  SECTION,
 THE  SECRETARY  OF  STATE  SHALL POST THE DOCUMENT ALONG WITH THE ENTIRE
 REGISTRY OF PERSONS CLAIMING TO BE A SUCCESSOR IN INTEREST TO THE RIGHTS
 OF A DECEASED PERSONALITY OR A REGISTERED LICENSEE  UNDER  THIS  SECTION
 UPON THE SECRETARY OF STATE'S INTERNET WEBSITE.
   C. CLAIMS REGISTERED UNDER THIS SUBDIVISION SHALL BE PUBLIC RECORDS.
   8.  AN ACTION SHALL NOT BE BROUGHT UNDER THIS SECTION BY REASON OF ANY
 USE OF A DECEASED PERSONALITY'S NAME, VOICE, SIGNATURE,  PHOTOGRAPH,  OR
 LIKENESS  OCCURRING  AFTER THE EXPIRATION OF FORTY YEARS AFTER THE DEATH
 OF THE DECEASED PERSONALITY.
   9. NOTHING IN THIS SECTION SHALL APPLY TO THE OWNERS OR  EMPLOYEES  OF
 ANY  MEDIUM USED FOR ADVERTISING, INCLUDING, BUT NOT LIMITED TO, NEWSPA-
 PERS, MAGAZINES, RADIO AND TELEVISION NETWORKS AND STATIONS, CABLE TELE-
 VISION SYSTEMS, BILLBOARDS, AND  TRANSIT  ADVERTISEMENTS,  BY  WHOM  ANY
 ADVERTISEMENT  OR SOLICITATION IN VIOLATION OF THIS SECTION IS PUBLISHED
 OR DISSEMINATED, UNLESS IT IS ESTABLISHED THAT THE OWNERS  OR  EMPLOYEES
 HAD  ACTUAL  KNOWLEDGE  BY PRIOR NOTIFICATION OF THE UNAUTHORIZED USE OF
 THE DECEASED PERSONALITY'S NAME, VOICE, SIGNATURE, PHOTOGRAPH, OR  LIKE-
 NESS AS PROHIBITED BY THIS SECTION.
   10.  THE  PROVISIONS OF THIS SECTION ARE IN ADDITION TO, BUT SHALL NOT
 SUPERSEDE, ANY OTHER RIGHTS OR REMEDIES AVAILABLE IN LAW OR EQUITY.
   11. THIS SECTION SHALL APPLY TO THE ADJUDICATION OF LIABILITY AND  THE
 IMPOSITION  OF  ANY  DAMAGES  OR  OTHER  REMEDIES  IN CASES IN WHICH THE
 LIABILITY, DAMAGES, AND OTHER REMEDIES ARISE FROM ACTS OCCURRING DIRECT-
 LY IN THIS STATE. FOR PURPOSES OF THIS  SECTION,  ACTS  GIVING  RISE  TO
 LIABILITY  SHALL  BE LIMITED TO THE USE, ON OR IN PRODUCTS, MERCHANDISE,
 GOODS, OR  SERVICES,  OR  THE  ADVERTISING  OR  SELLING,  OR  SOLICITING
 PURCHASES  OF,  PRODUCTS,  MERCHANDISE, GOODS, OR SERVICES PROHIBITED BY
 THIS SECTION.
   12. NOTHING IN THIS  SECTION  SHALL  BE  CONSTRUED  TO  LIMIT,  OR  TO
 ENLARGE,  THE PROTECTIONS THAT 47 U.S.C. § 230 CONFERS ON AN INTERACTIVE

 A. 10800                            5
 
 COMPUTER SERVICE FOR CONTENT PROVIDED  BY  ANOTHER  INFORMATION  CONTENT
 PROVIDER, AS SUCH TERMS ARE DEFINED IN 47 U.S.C. § 230.
   §  2.  The civil rights law is amended by adding a new section 52-c to
 read as follows:
   § 52-C. PRIVATE RIGHT OF ACTION FOR UNLAWFUL DISSEMINATION OR PUBLICA-
 TION OF A SEXUALLY EXPLICIT DEPICTION  OF  AN  INDIVIDUAL.  1.  FOR  THE
 PURPOSES OF THIS SECTION:
   A.  "DEPICTED INDIVIDUAL" MEANS AN INDIVIDUAL WHO APPEARS, AS A RESULT
 OF DIGITIZATION, TO BE  GIVING  A  PERFORMANCE  THEY  DID  NOT  ACTUALLY
 PERFORM OR TO BE PERFORMING IN A PERFORMANCE THAT WAS ACTUALLY PERFORMED
 BY  THE  DEPICTED  INDIVIDUAL  BUT  WAS  SUBSEQUENTLY  ALTERED  TO BE IN
 VIOLATION OF THIS SECTION.
   B. "DIGITIZATION" MEANS TO REALISTICALLY DEPICT THE NUDE BODY PARTS OF
 ANOTHER HUMAN BEING AS THE NUDE BODY PARTS OF THE  DEPICTED  INDIVIDUAL,
 COMPUTER-GENERATED  NUDE  BODY  PARTS  AS  THE  NUDE  BODY  PARTS OF THE
 DEPICTED INDIVIDUAL  OR  THE  DEPICTED  INDIVIDUAL  ENGAGING  IN  SEXUAL
 CONDUCT,  AS  DEFINED  IN SUBDIVISION TEN OF SECTION 130.00 OF THE PENAL
 LAW, IN WHICH THE DEPICTED INDIVIDUAL DID NOT ENGAGE.
   C. "INDIVIDUAL" MEANS A NATURAL PERSON.
   D. "PERSON" MEANS A HUMAN BEING OR LEGAL ENTITY.
   E. "SEXUALLY EXPLICIT MATERIAL" MEANS ANY PORTION OF AN  AUDIO  VISUAL
 WORK  THAT SHOWS THE DEPICTED INDIVIDUAL PERFORMING IN THE NUDE, MEANING
 WITH AN UNCLOTHED OR EXPOSED INTIMATE PART, AS DEFINED IN SECTION 245.15
 OF THE PENAL LAW, OR APPEARING TO ENGAGE  IN,  OR  BEING  SUBJECTED  TO,
 SEXUAL  CONDUCT,  AS DEFINED IN SUBDIVISION TEN OF SECTION 130.00 OF THE
 PENAL LAW.
   2. A. A DEPICTED INDIVIDUAL SHALL HAVE A CAUSE  OF  ACTION  AGAINST  A
 PERSON WHO, DISCLOSES, DISSEMINATES OR PUBLISHES SEXUALLY EXPLICIT MATE-
 RIAL RELATED TO THE DEPICTED INDIVIDUAL, AND THE PERSON KNOWS OR REASON-
 ABLY  SHOULD HAVE KNOWN THE DEPICTED INDIVIDUAL IN THAT MATERIAL DID NOT
 CONSENT TO ITS CREATION, DISCLOSURE, DISSEMINATION, OR PUBLICATION.
   B. IT SHALL NOT BE A DEFENSE TO AN  ACTION  UNDER  THIS  SECTION  THAT
 THERE  IS  A  DISCLAIMER IN THE SEXUALLY EXPLICIT MATERIAL THAT COMMUNI-
 CATES THAT THE INCLUSION OF THE  DEPICTED  INDIVIDUAL  IN  THE  SEXUALLY
 EXPLICIT  MATERIAL  WAS UNAUTHORIZED OR THAT THE DEPICTED INDIVIDUAL DID
 NOT PARTICIPATE IN THE CREATION OR DEVELOPMENT OF THE MATERIAL.
   3. A. A DEPICTED INDIVIDUAL MAY ONLY CONSENT TO THE CREATION,  DISCLO-
 SURE,  DISSEMINATION,  OR  PUBLICATION  OF SEXUALLY EXPLICIT MATERIAL BY
 KNOWINGLY AND VOLUNTARILY SIGNING AN AGREEMENT WRITTEN IN PLAIN LANGUAGE
 THAT INCLUDES A GENERAL DESCRIPTION OF THE  SEXUALLY  EXPLICIT  MATERIAL
 AND THE AUDIOVISUAL WORK IN WHICH IT WILL BE INCORPORATED.
   B.  A  DEPICTED  INDIVIDUAL  MAY RESCIND CONSENT BY DELIVERING WRITTEN
 NOTICE WITHIN THREE BUSINESS DAYS FROM THE DATE CONSENT WAS GIVEN TO THE
 PERSON IN WHOSE FAVOR CONSENT WAS MADE,  UNLESS  ONE  OF  THE  FOLLOWING
 REQUIREMENTS IS SATISFIED:
   I.  THE  DEPICTED  INDIVIDUAL IS GIVEN AT LEAST THREE BUSINESS DAYS TO
 REVIEW THE TERMS OF THE AGREEMENT BEFORE SIGNING IT; OR
   II. IF THE DEPICTED INDIVIDUAL IS REPRESENTED,  THE  ATTORNEY,  TALENT
 AGENT, OR PERSONAL MANAGER AUTHORIZED TO REPRESENT THE DEPICTED INDIVID-
 UAL PROVIDES ADDITIONAL WRITTEN APPROVAL OF THE SIGNED AGREEMENT.
   4. A. A PERSON IS NOT LIABLE UNDER THIS SECTION IF:
   I.  THE  PERSON  DISCLOSES,  DISSEMINATES  OR  PUBLISHES  THE SEXUALLY
 EXPLICIT MATERIAL IN THE COURSE OF REPORTING UNLAWFUL ACTIVITY, EXERCIS-
 ING THE PERSON'S LAW ENFORCEMENT DUTIES, OR HEARINGS,  TRIALS  OR  OTHER
 LEGAL PROCEEDINGS; OR

 A. 10800                            6
 
   II.  THE  SEXUALLY  EXPLICIT MATERIAL IS A MATTER OF LEGITIMATE PUBLIC
 CONCERN, A WORK OF POLITICAL OR NEWSWORTHY VALUE  OR  SIMILAR  WORK,  OR
 COMMENTARY,  CRITICISM  OR DISCLOSURE THAT IS OTHERWISE PROTECTED BY THE
 CONSTITUTION OF THIS STATE OR THE UNITED STATES; PROVIDED THAT  SEXUALLY
 EXPLICIT  MATERIAL  SHALL  NOT  BE CONSIDERED OF NEWSWORTHY VALUE SOLELY
 BECAUSE THE DEPICTED INDIVIDUAL IS A PUBLIC FIGURE.
   5. IN ANY ACTION COMMENCED PURSUANT TO THIS  SECTION,  THE  FINDER  OF
 FACT,  IN ITS DISCRETION, MAY AWARD INJUNCTIVE RELIEF, PUNITIVE DAMAGES,
 COMPENSATORY DAMAGES, AND REASONABLE COURT COSTS AND ATTORNEY'S FEES.
   6. A CAUSE OF ACTION OR SPECIAL PROCEEDING UNDER THIS SECTION SHALL BE
 COMMENCED THE LATER OF EITHER:
   A. THREE YEARS AFTER THE  DISSEMINATION  OR  PUBLICATION  OF  SEXUALLY
 EXPLICIT MATERIAL; OR
   B.  ONE  YEAR  FROM  THE DATE A PERSON DISCOVERS, OR REASONABLY SHOULD
 HAVE DISCOVERED, THE  DISSEMINATION  OR  PUBLICATION  OF  SUCH  SEXUALLY
 EXPLICIT MATERIAL.
   7.  NOTHING  IN THIS SECTION SHALL BE READ TO REQUIRE A PRIOR CRIMINAL
 COMPLAINT, PROSECUTION OR CONVICTION TO ESTABLISH THE  ELEMENTS  OF  THE
 CAUSE OF ACTION PROVIDED FOR IN THIS SECTION.
   8.  THE PROVISIONS OF THIS SECTION INCLUDING THE REMEDIES ARE IN ADDI-
 TION TO, AND SHALL NOT SUPERSEDE, ANY OTHER RIGHTS OR REMEDIES AVAILABLE
 IN LAW OR EQUITY.
   9. IF ANY PROVISION OF THIS SECTION OR ITS APPLICATION TO  ANY  PERSON
 OR  CIRCUMSTANCE  IS HELD INVALID, THE INVALIDITY SHALL NOT AFFECT OTHER
 PROVISIONS OR APPLICATIONS OF THIS SECTION WHICH  CAN  BE  GIVEN  EFFECT
 WITHOUT  THE  INVALID  PROVISION  OR  APPLICATION,  AND  TO THIS END THE
 PROVISIONS OF THIS SECTION ARE SEVERABLE.
   10. NOTHING IN THIS  SECTION  SHALL  BE  CONSTRUED  TO  LIMIT,  OR  TO
 ENLARGE,  THE PROTECTIONS THAT 47 U.S.C. § 230 CONFERS ON AN INTERACTIVE
 COMPUTER SERVICE FOR CONTENT PROVIDED  BY  ANOTHER  INFORMATION  CONTENT
 PROVIDER, AS SUCH TERMS ARE DEFINED IN 47 U.S.C. § 230.
   § 3. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become a law, and shall apply to all living individuals
 and deceased individuals who died on or after such date.