Right of publicity laws are fundamental in New York and California since many celebrities are based there, and their likeness has measurable monetary value.
New York’s Legal Framework
New York recognizes the right of publicity only as part of the New York Civil Rights Law under a theory of the right of privacy (N.Y. Civ. Rights Law §§ 50 and 51).
However, New York has now joined California in adopting legislation that gives a “Right to Publicity” for deceased individuals to protect against the exploitation of their characteristics that have commercial value, such as their name, picture, voice, or signature after their death. The legislation also provides new penalties for publishing “deep fakes,” which are computer-generated media to trick the public that people were involved in specific events appearing in videos.
California’s Legal Framework
The right of publicity in California protect a person’s: