Magazine Publishers of America
The state of New York is poised to enact legislation that would create a retroactive descendible right of publicity – legal recognition of a decedent’s rights to have their heirs control (and profit) from use of the deceased’s image or likeness. The proposed New York legislation, which would be broader than similar legislation in the small number (14) of other states that have celebrity rights laws, would cause grave harm to the magazine industry by potentially preventing publishers from using images of deceased celebrities in their publications, including photographs from their own archives.
A large coalition of media companies and associations has been forged to oppose the bill, which would take effect retroactively for any celebrity over the past 70 years. The vague, overbroad, and potentially unconstitutional bill would subject infringers to criminal penalties, and possible punitive damages.
MPA and its members have been vocal in expressing their opposition to the leaders of the Senate and Assembly in Albany. While the coalition was able to successfully delay a vote on the bill in the just ended legislative session, it is likely that the bill will again be considered when the legislature reconvenes later this year – although when that will occur is subject to some speculation. It is possible the Senate will have a brief session at the end of July, with the Assembly reconvening in September. MPA will continue to make clear its opposition to the bill, while at the same time seeking to ensure that if legislation passes, magazine industry interests are protected.
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