New York Extends Its Right of Publicity and Penalizes Sexually Explicit Deepfakes

On November 30, 2020, Governor Andrew Cuomo signed Senate Bill S5959D, effective on May 29, 2021, to amend New York law in two ways. First, the bill establishes the right of publicity for certain deceased individuals, and second, it provides a private right of action for unlawful dissemination or publication of certain sexually explicit depictions. Although limited in scope, this new law offers increased protections for individuals’ rights to their name, likeness, and reputation.

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New York Extends Its Right of Publicity and Penalizes Sexually Explicit Deepfakes

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