New York Civil Rights Law, Section 50-F

1. Overview

New York enacted the Civil Rights Law in 2020. The law permits individuals, living and deceased, to restrict how their name, image, voice, and likeness are being used commercially. This is especially important in today’s time of deepfakes, as it will protect individuals from identity theft on online platforms. For the past 40 years, the law has also extended this privilege to individuals who have died. Even when they pass away, it provides them with the power to control how their image is used.

2. Scope of the Law

This law criminalizes businesses from misusing a person’s identity in the media, like entertainment and advertising, without permission. It protects against unauthorized creation and release of AI media that replicates a person’s features, a factor that is very crucial since deepfakes are becoming more prevalent. The law has existed for 40 years following the demise of an individual and covers living and deceased individuals who were residents of New York at the time of death.

3. Main Provisions

The following are the main provisions for the New York Civil Rights Law:

Consent Requirement: It is illegal to mimic someone’s identity without their written permission in writing or otherwise, where deepfakes are involved. At a time when one can be mimicked online without their permission, this clause is of critical importance.

Post-Mortem Right: According to the law, a person has control over their image even after death. For the last 40 years, they have had the right to stop other individuals from using their image in deepfakes. This benefits celebrities and public figures, whose images and voices are typically used by deepfakers.

Transferability: Their right of publicity is transferable by will or contract. This enables them to maintain control over the use of their image by others, even posthumously. It can avert unauthorized deepfake exploitation.

Registration: Parties or entities inheriting the right of publicity are required to register with the New York Secretary of State. It permits official tracking of who may command control over an individual’s likeness, including in relation to deepfake technology usage.

Exemptions: The law does not cover parodies, satires, or comments, even when they exist in the context of a deepfake. The law, nonetheless, protects against harmful uses of deepfakes, including impersonation for scams and defamation.

4. Fines & Enforcement

Civil actions can recover damages and penalties for the violation of the right of publicity. The legislation enables individuals to proceed against unauthorized digital impersonation, particularly in light of the fact that deepfakes can bring about fraud and defamation. Legislation also requires platforms to respond to deepfake content that violates an individual’s right to publicity.

5. Future Outlook

Section 50-F of the New York Civil Rights Law is a valuable asset in the battle against abuse of deepfakes. It empowers individuals by empowering them to control their likeness and voice on the internet and by protecting their consent. Thus, as technology with deepfake continues to advance, this law is a valuable protection measure against abuse of personal likenesses online.