New York 2025-2026 Regular Session

New York Assembly Bill A10110

Introduced
2/2/26  

Caption

Establishes a personal right of publicity; provides for the removal of unconsented material from websites by the attorney general.

Impact

The introduction of this bill could significantly impact state laws by fortifying the protections around individuals' rights to their publicity. By doing so, it would enhance the personal rights framework under New York State law, creating stronger legal grounds for individuals to contest unauthorized use of their identities in a variety of commercial contexts. This change may also affect how businesses and individuals operate in relation to marketing and advertising, potentially increasing compliance costs for those who utilize personal likenesses in their promotions.

Summary

Bill A10110 proposes an amendment to the civil rights law, establishing a personal right of publicity for individuals whose names, likenesses, or voices are used for advertising or commercial purposes without their consent. This legislation aims to protect individuals from unauthorized exploitation of their identities by requiring written consent prior to such uses. The bill outlines the procedures for individuals to seek legal recourse by allowing them to file lawsuits against violators, not only for injunctions but also for damages, with the potential for exemplary damages in cases of willful infringement.

Contention

Discussion surrounding A10110 has revealed points of contention primarily revolving around the balance between personal rights and freedom of expression. Critics express concerns that overly stringent regulations could hinder artistic and informational speech, particularly in media where individuals' names or images may be integral to the content. Additionally, there are worries regarding the broad interpretation of what constitutes consent, as well as potential impacts on online platforms where user-generated content may inadvertently violate this publicity right. Advocates for the bill argue, however, that such protections are essential to prevent exploitation and ensure that individuals retain control over their own identities.

Companion Bills

No companion bills found.

Previously Filed As

NY S08391

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.

NY A08882

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.

NY A10047

Establishes disclosure requirements for AI-generated or materially AI-altered media depicting historically recognized human disasters when such media is publicly distributed; requires platform operators to allow the use of labelling; provides for enforcement by the attorney general.

NY A08611

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.

NY HF1434

Age verification required for websites with material harmful to minors, enforcement by the attorney general provided, and private right of action created.

NY S08500

Establishes a right of action for the deprivation of constitutional rights; provides for compensatory damages, punitive damages, injunctive and declaratory relief, and reasonable attorney's fees.

NY A09076

Establishes a right of action for the deprivation of constitutional rights; provides for compensatory damages, punitive damages, injunctive and declaratory relief, and reasonable attorney's fees.

NY A08991

Establishes a right-to-repair for military property by requiring the adjutant general procure goods and services with fair and reasonable access to repair materials.

NY A09059

Requires the attorney general to provide guidance and educational materials to charitable organizations upon registration with the attorney general; requires such materials to include information on continued registration and financial reporting obligations and on additional registration requirements to receive financial assistance or funds from the state.

NY A10451

Establishes a bill of rights for the unhoused; provides that no person shall be denied certain rights because of a state of homelessness nor shall such persons be harassed, cited, fined, or arrested by law enforcement, security personnel, public employees, or private citizens for the exercise of certain rights; describes rights; provides for a bill of benefits of the unhoused for the free provision of a postal address and the right to juridical services to ensure protection from the violation of their protected rights; requires the office of temporary and disability assistance to create a pamphlet of such rights; makes related provisions.

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