regulation · December 11, 2025
By Joe Jurczyk, Editor
New York extends right of publicity to deceased personalities and digital replicas
New York S.8882, signed 11 December 2025 and effective immediately, protects deceased New Yorkers' names, voices, likenesses and digital replicas from unauthorized commercial use. It covers deceased personalities whose likeness has commercial value and extends to digital replica uses in audiovisual works and performances without the rights holder's prior consent. Penalties are the greater of $2,000 or actual damages, plus attributable profits and potential punitive damages. Exemptions include literary, artistic and newsworthy works, documentaries, parody, news coverage and political campaigns.
New York S.8882, signed 11 December 2025 and effective immediately, protects deceased New Yorkers' names, voices, likenesses and digital replicas from unauthorized commercial use. It covers deceased personalities whose likeness has commercial value and extends to digital replica uses in audiovisual works and performances without the rights holder's prior consent.
Penalties are the greater of $2,000 or actual damages, plus attributable profits and potential punitive damages. Exemptions include literary, artistic and newsworthy works, documentaries, parody, news coverage and political campaigns. The law was enacted alongside S.8420, the synthetic performer advertising disclosure law already covered in this feed.
For the full analysis, see the original publication from Skadden, Arps, Slate, Meagher & Flom.