N.Y. General Obligations Law § 5-302: Contracts for the creation and use of digital replicas

§ 5-302. 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.