NY S5959-D (2020, digital replicas + deepfake porn)
New York S5959-D — Right of Publicity for Digital Replicas + Deepfake Porn (2020)
NY · Ch. 304 of 2020 (S5959-D); N.Y. Civ. Rights Law §§ 50-f, 52-c
- Status
- In effect
- Took effect
- May 29, 2021
- Applies to
- Creators/publishers of digital replicas; deepfake-NCII distributors
- Enforced by
- Private enforcement
Signed by Governor Cuomo on November 30, 2020, NY S5959-D was the first state law to (1) extend right of publicity to digital replicas of deceased personalities for 40 years, and (2) create a private right of action against unlawful publication of sexually explicit deepfakes. Landmark precedent — direct ancestor of CA AB 1836 (2024) and NY's 2023-2025 digital-replica laws.
Who is protected: Estates of deceased NY personalities; victims of AI-generated NCII
Legal detail
Ch. 304 of 2020 (S5959-D, A5605-C) — added Civ. Rights Law § 50-f (postmortem right of publicity for deceased personalities for 40 years, covering 'digital replicas') and Civ. Rights Law § 52-c (private right of action for unlawful dissemination of sexually explicit AI-generated depictions). Effective May 29, 2021. First state law explicitly extending right of publicity to AI-generated digital replicas.
Key facts
| Jurisdiction | NY |
|---|---|
| Level | State |
| Strength | Moderate |
| Enacted | November 30, 2020 |
| Citation | Ch. 304 of 2020 (S5959-D); N.Y. Civ. Rights Law §§ 50-f, 52-c |
| Private right of action | Yes, individuals can sue |
| Penalties | Statutory damages + injunctive relief + attorney's fees |
| Topics | deepfakes · AI-generated images · non-consensual intimate imagery · consumer protection |
| Statute | S5959-D — NY Senate |
More AI rules in NY
- A10909 · Proposed / pending
- NY AG · In effect
- NY Bar AI Report · In effect
- NY AI digital replica law · In effect
- NY AG James AI scam consumer alert · In effect
- NY ITS AI Policy P24-001 · In effect
Related deepfakes rules elsewhere
- Arkansas Frank Broyles Act AI amendment — voice and likeness protection (2025) · In effect
- Doe v. X.AI (Grok NCII deepfakes class action) · Blocked / in litigation
- xAI v. Harwood (Grok NCII Counter-Suit 2026) · Blocked / in litigation
- Arizona HB 2133 deepfake sexual content — vetoed 2026 · Vetoed
- Arizona HB 2678 — AI-generated CSAM criminalized · In effect
- MN HF 1606 AI Nudification Ban (2026) · In effect
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