Assembly Bill A8138B

2023-2024 Legislative Session

Establishes contract requirements for contracts involving the creation and use of digital replicas

download bill text pdf

Sponsored By

Current Bill Status Via S7676 - Passed Assembly

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Votes

Bill Amendments

co-Sponsors

2023-A8138 - Details

See Senate Version of this Bill:
S7676
Law Section:
General Obligations Law
Laws Affected:
Add §5-302, Gen Ob L

2023-A8138 - Summary

Establishes contract requirements for contracts involving the creation and use of digital replicas.

2023-A8138 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8138
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 13, 2023
                                ___________
 
 Introduced  by  M.  of  A.  WEINSTEIN  --  read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the general obligations law, in  relation  to  contracts
   for the creation and use of digital replicas
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The general obligations law is  amended  by  adding  a  new
 section 5-302 to read as follows:
   §  5-302.  CONTRACTS FOR THE CREATION AND USE OF DIGITAL REPLICAS. ANY
 PROVISION IN AN AGREEMENT BETWEEN AN INDIVIDUAL AND ANY OTHER PERSON  OR
 ENTITY  FOR  THE  PERFORMANCE  OF  PERSONAL  OR PROFESSIONAL SERVICES IS
 CONTRARY TO PUBLIC POLICY AND SHALL BE VOID  AND  UNENFORCEABLE  IF  THE
 PROVISION MEETS ALL OF THE FOLLOWING CONDITIONS:
   1.  THE PROVISION ALLOWS FOR THE CREATION AND USE OF A DIGITAL REPLICA
 OF THE INDIVIDUAL'S VOICE OR LIKENESS IN PLACE OF  WORK  THE  INDIVIDUAL
 WOULD  OTHERWISE  HAVE  PERFORMED IN PERSON OR ALLOWS FOR THE USE OF THE
 INDIVIDUAL'S VOICE AND LIKENESS TO TRAIN A GENERATIVE ARTIFICIAL  INTEL-
 LIGENCE SYSTEM.
   2.  THE  PROVISION  DOES  NOT  CLEARLY  DEFINE  AND  DETAIL ALL OF THE
 PROPOSED USES OF THE DIGITAL REPLICA OR THE GENERATIVE ARTIFICIAL INTEL-
 LIGENCE SYSTEM.
   3. THE INDIVIDUAL WAS NOT:
   (A) REPRESENTED BY LEGAL COUNSEL WHO NEGOTIATED ON BEHALF OF THE INDI-
 VIDUAL LICENSING THEIR DIGITAL REPLICA RIGHTS AND SUCH  LICENSING  TERMS
 EXIST IN A STANDALONE WRITTEN AGREEMENT; OR
   (B)  REPRESENTED  BY  A LABOR ORGANIZATION REPRESENTING WORKERS WHO DO
 THE PROPOSED WORK AND THE TERMS OF THEIR COLLECTIVE BARGAINING AGREEMENT
 EXPRESSLY COVER USES  OF  DIGITAL  REPLICAS  AND  GENERATIVE  ARTIFICIAL
 INTELLIGENCE SYSTEMS.
   §  2.  This  act  shall take effect immediately and shall apply to any
 person or entity who is currently under, or has entered into, an  agree-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13334-01-3

co-Sponsors

2023-A8138A - Details

See Senate Version of this Bill:
S7676
Law Section:
General Obligations Law
Laws Affected:
Add §5-302, Gen Ob L

2023-A8138A - Summary

Establishes contract requirements for contracts involving the creation and use of digital replicas.

2023-A8138A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8138--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section 1. The general obligations law is  amended  by  adding  a  new
 section 5-302 to read as follows:
   §  5-302.  1.  CONTRACTS FOR THE CREATION AND USE OF DIGITAL REPLICAS.
 ANY PROVISION IN AN AGREEMENT BETWEEN AN INDIVIDUAL AND ANY OTHER PERSON
 OR ENTITY FOR THE PERFORMANCE OF PERSONAL OR  PROFESSIONAL  SERVICES  IS
 CONTRARY  TO  PUBLIC  POLICY  AND  SHALL BE VOID AND UNENFORCEABLE AS IT
 RELATES TO A NEW PERFORMANCE BY DIGITAL  REPLICATION  IF  THE  PROVISION
 MEETS ALL OF THE FOLLOWING CONDITIONS:
   (A) THE PROVISION ALLOWS FOR THE CREATION AND USE OF A DIGITAL REPLICA
 OF  THE  INDIVIDUAL'S  VOICE OR LIKENESS IN PLACE OF WORK THE INDIVIDUAL
 WOULD OTHERWISE HAVE PERFORMED IN PERSON.
   (B) THE PROVISION DOES NOT INCLUDE A REASONABLY  SPECIFIC  DESCRIPTION
 OF THE INTENDED USE OF THE DIGITAL REPLICA. FAILURE TO INCLUDE A REASON-
 ABLY  SPECIFIC  DESCRIPTION  OF  THE  INTENDED USES OF A DIGITAL REPLICA
 SHALL NOT RENDER THE PROVISION UNENFORCEABLE WHEN THE USES ARE  CONSIST-
 ENT  WITH  THE  TERMS OF THE CONTRACT FOR THE PERFORMANCE OF PERSONAL OR
 PROFESSIONAL SERVICES AND CONSISTENT WITH THE FUNDAMENTAL  CHARACTER  OF
 THE PHOTOGRAPHY OR SOUND TRACK AS RECORDED OR PERFORMED.
   (C) THE INDIVIDUAL WAS NOT:
   (I) REPRESENTED BY LEGAL COUNSEL WHO NEGOTIATED ON BEHALF OF THE INDI-
 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

co-Sponsors

2023-A8138B (ACTIVE) - Details

See Senate Version of this Bill:
S7676
Law Section:
General Obligations Law
Laws Affected:
Add §5-302, Gen Ob L

2023-A8138B (ACTIVE) - Summary

Establishes contract requirements for contracts involving the creation and use of digital replicas.

2023-A8138B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8138--B
                                                            R. R. 532
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 13, 2023
                                ___________
 
 Introduced  by  M. of A. WEINSTEIN, L. ROSENTHAL, BRONSON, BORES -- 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 -- reported and referred to the Commit-
   tee on Ways and Means -- reported and referred  to  the  Committee  on
   Rules -- ordered to a third reading -- amended on the special order of
   third  reading,  ordered  reprinted as amended, retaining its place on
   the special order of third reading
 
 AN ACT to amend the general obligations law, in  relation  to  contracts
   for the creation and use of digital replicas
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general obligations law is  amended  by  adding  a  new
 section 5-302 to read as follows:
   §  5-302.  1.  CONTRACTS FOR THE CREATION AND USE OF DIGITAL REPLICAS.
 ANY PROVISION IN AN AGREEMENT BETWEEN AN INDIVIDUAL AND ANY OTHER PERSON
 OR ENTITY FOR THE PERFORMANCE OF PERSONAL OR  PROFESSIONAL  SERVICES  IS
 CONTRARY  TO  PUBLIC  POLICY  AND  SHALL BE VOID AND UNENFORCEABLE AS IT
 RELATES TO A NEW PERFORMANCE BY DIGITAL  REPLICATION  IF  THE  PROVISION
 MEETS ALL OF THE FOLLOWING CONDITIONS:
   (A) THE PROVISION ALLOWS FOR THE CREATION AND USE OF A DIGITAL REPLICA
 OF  THE  INDIVIDUAL'S  VOICE OR LIKENESS IN PLACE OF WORK THE INDIVIDUAL
 WOULD OTHERWISE HAVE PERFORMED IN PERSON.
   (B) THE PROVISION DOES NOT INCLUDE A REASONABLY  SPECIFIC  DESCRIPTION
 OF THE INTENDED USE OF THE DIGITAL REPLICA. FAILURE TO INCLUDE A REASON-
 ABLY  SPECIFIC  DESCRIPTION  OF  THE  INTENDED USES OF A DIGITAL REPLICA
 SHALL NOT RENDER THE PROVISION UNENFORCEABLE WHEN THE USES ARE  CONSIST-
 ENT  WITH  THE  TERMS OF THE CONTRACT FOR THE PERFORMANCE OF PERSONAL OR
 PROFESSIONAL SERVICES AND CONSISTENT WITH THE FUNDAMENTAL  CHARACTER  OF
 THE PHOTOGRAPHY OR SOUND TRACK AS RECORDED OR PERFORMED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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