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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.
The law applies to celebrities: Subject to certain exceptions, deceased personalities (defined as those whose name, voice, signature, photograph or likeness has commercial value at the time of, or because of, their death) have a cause of action against anyone who uses those features for commercial purposes without consent. Deceased performers (actors, singers, dancers and musicians) can prevent unauthorized digital replicas.
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