§ 50-f. Right of publicity. 1. For purposes of this section:\n a. "deceased performer" means a deceased personality domiciled in this\nstate at the time of death who, for gain or livelihood, was regularly\nengaged in acting, singing, dancing, or playing a musical instrument.\n b. "deceased personality" means any deceased natural person domiciled\nin this state at the time of death whose name, voice, signature,\nphotograph, or likeness has commercial value at the time of such natural\nperson's death, or because of such natural person's death, whether or\nnot during the lifetime of that natural person the person used such\nnatural person's name, voice, signature, photograph, or likeness on or\nin products, merchandise, or goods, or for purposes of advertising or\nselling, or solicitation of purchase of, products, merchandise, goods,\nor services.\n c. "digital replica" means a newly created, computer-generated, highly\nrealistic electronic representation that is readily identifiable as the\nvoice or visual likeness of an individual that is embodied in a sound\nrecording, image, audiovisual work, including an audiovisual work that\ndoes not have any accompanying sounds, or transmission in which: (i) the\nactual individual did not actually perform or appear; or (ii) the actual\nindividual did perform or appear, but the fundamental character of the\nperformance or appearance has been materially altered. A digital replica\ndoes not include the electronic reproduction, use of a sample of one\nsound recording or audiovisual work into another, remixing, mastering,\nor digital remastering of a sound recording or audiovisual work\nauthorized by the copyright holder.\n d. "sound recordings" are works that result from the fixation of a\nseries of musical, spoken, or other sounds, but not including the sounds\naccompanying a motion picture or other audiovisual work, regardless of\nthe nature of the material objects, such as disks, tapes, or other\nphonorecords, in which they are embodied.\n 2. a. Any person who uses a deceased personality's name, voice,\nsignature, photograph, or likeness, in any manner, on or in products,\nmerchandise, or goods, or for purposes of advertising or selling, or\nsoliciting purchases of, products, merchandise, goods, or services,\nwithout prior consent from the person or persons specified in\nsubdivision four of this section, shall be liable for any damages\nsustained by the person or persons injured as a result thereof.\n b. Any person who uses a deceased performer's digital replica in an\naudiovisual work, sound recording, or for the live performance of a\nmusical work, with knowledge that the use was of a digital replica and\nwas not authorized by the applicable right holder, shall be liable for\nany damages sustained by the person or persons injured as a result\nthereof if the use occurs without prior consent from the person or\npersons in subdivision four of this section.\n c. In any action brought under this section:\n i. the person who violated the section shall be liable to the injured\nparty or parties in an amount equal to the greater of two thousand\ndollars or the compensatory damages suffered by the injured party or\nparties, as a result of the unauthorized use, and any profits from the\nunauthorized use that are attributable to such use and are not taken\ninto account in computing the compensatory damages.\n ii. in establishing profits under this subdivision, the injured party\nor parties shall be required to present proof only of the gross revenue\nattributable to the unauthorized use, and the person who violated this\nsection is required to prove such person's deductible expenses.\n iii. punitive damages may also be awarded to the injured party or\nparties.\n d. For purposes of this subdivision:\n i. it shall not be a violation of paragraph a of this subdivision if\nthe work is a play, book, magazine, newspaper, or other literary work;\nmusical work or composition; work of art or oth
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