Tag: New York
Toddlers’ Lawsuit Against Trump Tossed in Test of New York’s Expanded anti-SLAPP Law
On July 9th, a New York trial court dismissed the high-profile lawsuit against Trump, Trump for President, Inc. (“TFP), and Lance Cook brought by the parents of two toddlers whose embrace was transformed from a meme of racial harmony into an edited video suggesting one of them was a “racist baby.” The parents of the two-year olds...
Win for Free Speech and Docudramas in New York
Last week a New York appellate court granted the defendant’s summary judgment motion in Porco v. Lifetime Entertainment Services, the long-running dispute over Lifetime’s ripped-from-the-headlines docudrama Romeo Killer: The Chris Porco Story, which first aired in 2013. This decision reverses the trial’s court’s alarming rejection of the defendant's summary judgment motion on the basis that...
New York Governor Signs New Postmortem Right of Publicity Bill
On November 30th, 2020, the Governor of New York signed into law a new postmortem provision which for the first time will add a postmortem right to the state's law, lasting 40 years after death. This new law also addresses the unlawful dissemination and publication of "sexually explicit depictions," and adds a digital replica right...
New York Reintroduces Much Improved Postmortem Right of Publicity Bill
During its usual off-season, the New York legislature is revisiting its multi-year efforts to add new sections to its civil rights law and in particular to add a postmortem provision to state law. This latest version would add two sections to NY's Civil Rights Law, what it dubs a new “right of publicity” and a...
New York Trial Court Allows Right of Publicity Case to Proceed Against TV Docudrama
Once again a New York court has allowed Christopher Porco (hereinafter “Chris”) and his mother, Joan Porco, to proceed with their right of publicity claims brought under New York Civil Rights Law § 51 arising out of a Lifetime docudrama. Chris and Joan object to the use of their names and identitites in the film...
New York Legislative Session Ends With No Vote on Right of Publicity Bill
The New York legislature closed its session without taking up the proposed right of publicity and privacy bill.
In final hours, New York Makes Last Minute Changes to Right of Publicity Bill
Apparently dropping around midnight Sunday, the New York legislature made a set of last-minute changes to the proposed right of publicity bill. The amendments focused solely on addressing broadcasters' concerns that remasters of existing works would violate the newly proposed "digital replica" right. Such remastering is now excluded from the provision. This change does nothing...
Letters and Statements of Opposition Filed Against Proposed New York Right of Publicity Bills
I sent a letter to members of the New York legislature and their staff today opposing the proposed right of publicity bills that have been introduced in the Senate and Assembly. I focus on four major concerns with the legislation: 1) the proposed redefinitions of the right of privacy and right of publicity, (2) the creation...
New York Assembly Revises Right of Publicity Bill to Match Flawed Senate Version
Today, the New York Assembly introduced an amended version of its proposed right of publicity bill. It is virtually identical (with only minor changes) to the senate bill introduced a few weeks ago, and contains no improvements or fixes from the highly flawed senate bill. This amended version unfortunately shares the chaos, confusion, and problems...
New York Reintroduces Right of Publicity Bill with Dueling Versions
Last week the New York Senate introduced a substantially revised version of a right of publicity bill, S5959. There are many promising improvements in this draft from the earlier assembly version (reintroduced in February), but also a lot of concerns raised by the draft. I am told that the Assembly will be introducing a different...