Senate Bill S7676B

2023-2024 Legislative Session

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

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Current Bill Status - Passed Senate & 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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Bill Amendments

2023-S7676 - Details

See Assembly Version of this Bill:
A8138
Law Section:
General Obligations Law
Laws Affected:
Add §5-302, Gen Ob L

2023-S7676 - Summary

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

2023-S7676 - Sponsor Memo

2023-S7676 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7676
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              October 2, 2023
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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

2023-S7676A - Details

See Assembly Version of this Bill:
A8138
Law Section:
General Obligations Law
Laws Affected:
Add §5-302, Gen Ob L

2023-S7676A - Summary

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

2023-S7676A - Sponsor Memo

2023-S7676A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7676--A
     Cal. No. 945
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              October 2, 2023
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the Committee on Judiciary in accordance with Senate Rule 6, sec. 8 --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in the 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. 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:
   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.
   2. THE PROVISION DOES NOT INCLUDE A REASONABLY SPECIFIC DESCRIPTION OF
 THE INTENT OF THE DIGITAL REPLICA.
   3. THE INDIVIDUAL WAS NOT:
   (A) REPRESENTED BY LEGAL COUNSEL WHO NEGOTIATED ON BEHALF OF THE INDI-
 VIDUAL LICENSING THE INDIVIDUAL'S DIGITAL REPLICA RIGHTS AND THE LICENS-
 ING  TERMS  ARE  NOT  STATED  CLEARLY AND CONSPICUOUSLY IN AN EMPLOYMENT
 CONTRACT THAT IS SEPARATELY SIGNED OR INITIALED BY THE INDIVIDUAL OR  IN
 A SEPARATE WRITING THAT IS SIGNED BY THE INDIVIDUAL; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13334-02-4
 S. 7676--A                          2

2023-S7676B (ACTIVE) - Details

See Assembly Version of this Bill:
A8138
Law Section:
General Obligations Law
Laws Affected:
Add §5-302, Gen Ob L

2023-S7676B (ACTIVE) - Summary

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

2023-S7676B (ACTIVE) - Sponsor Memo

2023-S7676B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7676--B
     Cal. No. 945
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              October 2, 2023
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the Committee on Judiciary in accordance with Senate Rule 6, sec. 8 --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading -- again amended and
   ordered reprinted, retaining its place in the 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.
   (C) THE INDIVIDUAL WAS NOT:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13334-08-4

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