Once Again, New York State Considers a Terrible Right of Publicity Law

In what now appears to be an annual ritual, a bad right of publicity law is being rushed through at the end of the legislative session in New York. Assembly Bill 8155-B (and its counterpart Senate Bill 5857-B) would dramatically expand New York’s right of publicity, making it a property right that can be passed on to your heirs – even if you aren’t a New York resident. EFF has sent a memorandum [PDF] to members of the New York State Legislature urging them not to support the bill. The right of publicity is an offshoot of state privacy law that gives a person the right to limit the public use of her name, likeness, or identity for commercial purposes. A limited version of this right makes sense—for example, allowing you to stop a company falsely claiming that you endorse its products. But the right of publicity has been expanded in recent years thanks to misguided legislation and court decisions. In some states, the right covers just about any speech that…

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