New York Deceased Performer Digital Replica Protection (S8391)
New York · N.Y. S8391 (2025)
This law makes it illegal to use a digital replica of a deceased performer in an audiovisual work, a sound recording, or a live performance of a musical work without consent from the appropriate rights holder. It applies when the user knows the replica is unauthorized. A deceased performer's estate or rights holder can sue, recovering the greater of $2,000 or their actual damages, plus any profits the violator made from the unauthorized use.
Technical detail
N.Y. S8391 (2025) prohibits the knowing use of an unauthorized digital replica of a deceased performer in an audiovisual work, sound recording, or live performance of a musical work without rights-holder consent, and provides a private right of action for the greater of $2,000 or compensatory damages plus disgorgement of profits.
Who is protected: Deceased performers, through their estates and the rights holders who control their digital-replica rights.
Who must comply: Any person who uses a digital replica of a deceased performer in a covered work and knows the use is unauthorized.
Key facts
| Jurisdiction | New York |
|---|---|
| Level | State |
| Status | In effect |
| Protection strength | Moderate protection |
| Effective date | 2025-12-11 |
| Citation | N.Y. S8391 (2025) |
| Enforced by | Enforced privately through the courts (no designated administrative agency). |
| Private right of action | Yes — individuals can sue |
| Penalties | Civil liability for the greater of $2,000 or compensatory damages, plus profits attributable to the unauthorized use. |
| Topics | deepfakes · AI-generated images |
| Last verified | 2026-06-16 |
| Official source | NY State Senate Bill 2025-S8391 ↗ |
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