New York § 5-302 Contracts for the creation and use of digital replicas

New York Statutes

§ 5-302 — Contracts for the creation and use of digital replicas

New York § 5-302

Law GOBGeneral Obligations

Title 3Certain Prohibited Contracts and Provisions of Contracts

Art. 5Creation, Definition and Enforcement of Contractual Obligations

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Bluebook

N.Y. General Obligations § 5-302 (2026).

Text

§ 5-302.

1.Contracts for the creation and use of digital replicas.\nAny provision in an agreement between an individual and any other person\nor entity for the performance of personal or professional services is\ncontrary to public policy and shall be void and unenforceable as it\nrelates to a new performance by digital replication if the provision\nmeets all of the following conditions:\n (a) The provision allows for the creation and use of a digital replica\nof the individual's voice or likeness in place of work the individual\nwould otherwise have performed in person.\n (b) The provision does not include a reasonably specific description\nof the intended use of the digital replica. Failure to include a\nreasonably specific description of the intended uses of a digital\nreplica shal

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§ 5-302. 1. Contracts for the creation and use of digital replicas.\nAny provision in an agreement between an individual and any other person\nor entity for the performance of personal or professional services is\ncontrary to public policy and shall be void and unenforceable as it\nrelates to a new performance by digital replication if the provision\nmeets all of the following conditions:\n (a) The provision allows for the creation and use of a digital replica\nof the individual's voice or likeness in place of work the individual\nwould otherwise have performed in person.\n (b) The provision does not include a reasonably specific description\nof the intended use of the digital replica. Failure to include a\nreasonably specific description of the intended uses of a digital\nreplica shall not render the provision unenforceable when the uses are\nconsistent with the terms of the contract for the performance of\npersonal or professional services and consistent with the fundamental\ncharacter of the photography or sound track as recorded or performed.\n (c) The individual was not:\n (i) represented by legal counsel who negotiated on behalf of the\nindividual licensing the individual's digital replica rights and the\nlicensing terms are not stated clearly and conspicuously in an\nemployment contract that is separately signed or initialed by the\nindividual or in a separate writing that is signed by the individual; or\n (ii) represented by a labor organization representing workers who do\nthe proposed work and the terms of their collective bargaining agreement\nexpressly address uses of digital replicas.\n 2. This section shall not affect provisions of a contract other than a\nprovision that falls under subdivision one of this section.\n 3. As used in this section, "digital replica" means a digital\nsimulation of the voice or likeness of an individual that so closely\nresembles the individual's voice or likeness that a layperson would not\nbe able to readily distinguish the digital simulation from the\nindividual's authentic voice or likeness.\n