Bill Text: NY S07676 | 2023-2024 | General Assembly | Introduced

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Bill Title: Establishes contract requirements for contracts involving the creation and use of digital replicas.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-08 - 2ND REPORT CAL. [S07676 Detail]

Download: New_York-2023-S07676-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7676

                               2023-2024 Regular Sessions

                    IN SENATE

                                     October 2, 2023
                                       ___________

        Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the general obligations law, in  relation  to  contracts
          for the creation and use of digital replicas

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The general obligations law is  amended  by  adding  a  new
     2  section 5-302 to read as follows:
     3    §  5-302.  Contracts for the creation and use of digital replicas. Any
     4  provision in an agreement between an individual and any other person  or
     5  entity  for  the  performance  of  personal  or professional services is
     6  contrary to public policy and shall be void  and  unenforceable  if  the
     7  provision meets all of the following conditions:
     8    1.  The provision allows for the creation and use of a digital replica
     9  of the individual's voice or likeness in place of  work  the  individual
    10  would  otherwise  have  performed in person or allows for the use of the
    11  individual's voice and likeness to train a generative artificial  intel-
    12  ligence system.
    13    2.  The  provision  does  not  clearly  define  and  detail all of the
    14  proposed uses of the digital replica or the generative artificial intel-
    15  ligence system.
    16    3. The individual was not:
    17    (a) represented by legal counsel who negotiated on behalf of the indi-
    18  vidual licensing their digital replica rights and such  licensing  terms
    19  exist in a standalone written agreement; or
    20    (b)  represented  by  a labor organization representing workers who do
    21  the proposed work and the terms of their collective bargaining agreement
    22  expressly cover uses  of  digital  replicas  and  generative  artificial
    23  intelligence systems.
    24    §  2.  This  act  shall take effect immediately and shall apply to any
    25  person or entity who is currently under, or has entered into, an  agree-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13334-01-3
        S. 7676                             2

     1  ment  with  an  individual  performing personal or professional services
     2  containing a provision as described in section one of this act  if  such
     3  person or entity notifies that individual in writing that such provision
     4  is unenforceable before February 1, 2024.