SAG-AFTRA Supports New York Post-Mortem Right of Publicity Legislation

New York State Assemblywoman Helene Weinstein and New York State Senator Diane Savino worked with SAG-AFTRA to introduce bills 5959A/5605A. This legislation establishes a post-mortem right of publicity and digital rights to performances, sex scenes, and nudity. This legislation is 35 years in the making and is responsive to new technological developments in the world of content creation. 

As digital technologies continue to advance, it is critical performers have rights to control how their likenesses are used to construct digital performances. This comprehensive, innovative legislation seeks to modernize and reframe image and voice rights in the state of New York. 

What does this legislation establish? 

• A post-mortem, descendible intellectual property right to one’s likeness for commercial purposes. This right extends 40 years post-mortem. For the first time, the families of deceased New Yorkers will have publicity rights to advertisements, commercials, merchandise and digital performances. 
• Digital rights to one’s performance in video games, movies, live concerts, audiobooks, song production, etc. 
• Digital rights to sexually explicit material, such as deepfake pornographic works or digitized sex scenes and nude performances in mainstream films and video games.  

Are there opponents to this legislation? 

Yes, the major film producers and video game companies oppose performers having digital rights to performances and sexually explicit material. These employers are represented in Albany by the trade associations Motion Picture Association of America (MPAA) and the Entertainment Software Association (ESA). 

Are there exemptions to this legislation? 

Yes. See the chart below for a quick summary of what is and what is not protected by the legislation. 

Protected by the Legislation

• T-shirts
• Action Figures 
• Dolls 
• Posters
• Mugs 
• Any Other Merchandise 
• Advertisements 
• Commercials 
• Company Branding 
• Hologram Concerts of Deceased Musicians 
• Digital Performances in Movies & Video Games 
• Voice Clones of Performers for Songs, Audiobooks, etc. 
• Athletes Performing in Sports Games  
• Nonconsensual Digitized Sex Scenes & Nudity

Exempted from the Legislation

• Essays 
• Novels
• Plays 
• Magazine Articles 
• Any Other Literary Work
• Paintings
• Sculptures 
• Fine Art Photography 
• Any Other Visual Work of Art 
• Newspaper Articles 
• Unauthorized Biographies or Biopics
• Editorial Photographs 
• Any Other Newsworthy Work 
• Parody, Satire, Commentary, or Criticism

How can I show my support for this legislation? 

Share your support on social media. We recommend using one of these social media icons (right-click to download): 

Sample Tweets: 
Thank you @HeleneWeinstein @DianeSavino for establishing digital image and voice rights for professionals in #movies #videogames #concerts. New York is home to tens of thousands of performers. Protect their jobs. #5959A #5605A #ProtectMyImage https://bit.ly/2Rbjthn

Reps @HeleneWeinstein @DianeSavino are fighting for New Yorkers who are superimposed into #Deepfake pornography without consent. Sexual privacy is worth fighting for #5959A #5605A #ProtectMyImage https://bit.ly/2Rbjthn

NY Legislators shouldn’t be fooled by corporate #film producers and #videogame companies @MPAA @TheESA that want free passes to exploit performers after they die. #5959A #5605A #ProtectMyImage https://bit.ly/2Rbjthn

Does @MPAA @TheESA think it is ok for filmmakers to depict actors in #deepfake porn and digitized sex scenes without permission? They should support #5959A #5605A in the #MeToo era #ProtectMyImage Sex abuse is not free speech! https://bit.ly/2Rbjthn