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Tax Issues In NY Publicity Right Becoming Descendible
While some states, like California, recognize post-mortem publicity rights, New York had extended the right of publicity to living New Yorkers only. But as a result of state legislation A5605C/S5959D, signed into law on Nov. 30, 2020, and effective as of May 29, 2021, celebrities domiciled in New York who die after the effective date will be afforded post-mortem rights of publicity for 40 years after death. See, N.Y. Civil Rights Law §50-f.
The statute explicitly provides that those rights are property rights, freely descendible and transferable by the deceased or any subsequent owner, including by contract, gift, trust or any other testamentary instrument. In the absence of an express testamentary transfer, these rights will pass under a residuary disposition.
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When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.