N.Y.
General Obligations Law Section 5-302
Contracts for the creation and use of digital replicas
1.
Contracts for the creation and use of digital replicas. Any provision in an agreement between an individual and any other person or entity for the performance of personal or professional services is contrary to public policy and shall be void and unenforceable as it relates to a new performance by digital replication if the provision meets all of the following conditions:(a)
The provision allows for the creation and use of a digital replica of the individual’s voice or likeness in place of work the individual would otherwise have performed in person.(b)
The provision does not include a reasonably specific description of the intended use of the digital replica. Failure to include a reasonably specific description of the intended uses of a digital replica shall not render the provision unenforceable when the uses are consistent with the terms of the contract for the performance of personal or professional services and consistent with the fundamental character of the photography or sound track as recorded or performed.(c)
The individual was not:(i)
represented by legal counsel who negotiated on behalf of the individual licensing the individual’s digital replica rights and the licensing terms are not stated clearly and conspicuously in an employment contract that is separately signed or initialed by the individual or in a separate writing that is signed by the individual; or(ii)
represented by a labor organization representing workers who do the proposed work and the terms of their collective bargaining agreement expressly address uses of digital replicas.2.
This section shall not affect provisions of a contract other than a provision that falls under subdivision one of this section.3.
As used in this section, “digital replica” means a digital simulation of the voice or likeness of an individual that so closely resembles the individual’s voice or likeness that a layperson would not be able to readily distinguish the digital simulation from the individual’s authentic voice or likeness.
Source:
Section 5-302 — Contracts for the creation and use of digital replicas, https://www.nysenate.gov/legislation/laws/GOB/5-302 (updated Jan. 3, 2025; accessed Jan. 18, 2025).
