S3036-2013 Actions

• Mar 19, 2013: referred to governmental operations
• Mar 19, 2013: DELIVERED TO ASSEMBLY
• Mar 19, 2013: PASSED SENATE
• Mar 14, 2013: ADVANCED TO THIRD READING
• Mar 13, 2013: 2ND REPORT CAL.
• Mar 12, 2013: 1ST REPORT CAL.201
• Jan 29, 2013: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

S3036-2013 Meetings

S3036-2013 Calendars

S3036-2013 Votes

S3036-2013 Memo

BILL NUMBER:S3036

TITLE OF BILL:  An act to amend the military law, the civil rights law
and the penal law, in relation to unauthorized use of names and images
of members of the armed forces or organized militia of New York

PURPOSE:  To ensure that the name, image, or likeness of any member of
the military is not used for commercial purposes, without the
permission of that member of the armed forces or his or her family if
the individual is deceased.

SUMMARY OF PROVISIONS:  This bill would amend the military law, the
civil rights law, and the penal law, to establish a crime for the use,
for commercial purposes, of the name, image, or likeness of any
current or former member of the armed forces or state militia.

Living individuals protected by this act may give permission for their
name, image, or likeness to be used.

Similarly, the family of deceased individuals protected by this act
may also give permission.

A violation of this crime would be punishable as a class E felony.

JUSTIFICATION:  Presently, the US House of Representatives and United
States Senate are considering legislation prohibiting the use, for
commercial purposes, of the name, image, or likeness of a current,
former, or deceased member of the armed forces.

Louisiana and Oklahoma have also enacted similar legislation.

This legislation had been made necessary because of numerous incidents
where the names of soldiers killed in the Iraq/Afghanistan War have
been used, without permission, for commercial purposes (such as on
t-shirts and other memorabilia which carry a political message)

As most would expect, military personnel and their families have been
outraged and demanded that immediate action be taken by the government
they fought to protect.

This bill would prohibit those engaged in a commercial enterprise from
using the image, name, or likeness of a current, former, or deceased
member of the military without the permission of that person or his
family if the person is deceased. In so doing, it will prevent the
exploitation of these brave men and women who have given so much for
our country.

LEGISLATIVE HISTORY:  2011-2012 - S.5337/A.8037 2007-S.39-C (similar)
Reported to Senate 3rd reading calendar.

FISCAL IMPLICATIONS: None noted.

EFFECTIVE DATE:  Immediately.

S3036-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3036
 2013-2014 Regular Sessions
 I N  SENATE
 January 29, 2013
 
 Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
 when printed to be committed to the Committee  on  Veterans,  Homeland
 Security and Military Affairs
 AN  ACT  to  amend  the military law, the civil rights law and the penal
 law, in relation to unauthorized use of names and images of members of
 the armed forces or organized militia of New York
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. The military law is amended by adding a new section 267 to
 read as follows:

 

S 267. RIGHT OF PRIVACY OF  MILITARY  PERSONNEL.  A  PERSON,  FIRM  OR
 CORPORATION  THAT  USES FOR ADVERTISING PURPOSES, OR FOR THE PURPOSES OF
 TRADE, THE NAME, PORTRAIT OR PICTURE OF ANY MEMBER OF THE  ARMED  FORCES
 OR  ORGANIZED  MILITIA  OF  NEW YORK, LIVING OR DECEASED, WITHOUT HAVING
 FIRST OBTAINED THE WRITTEN CONSENT OF  SUCH  PERSON  IF  LIVING,  OR  IF
 DECEASED  OF  HIS OR HER SURVIVING RELATIVES INCLUDING ANY SPOUSE, CHIL
 DREN, PARENTS, GRANDPARENTS AND SIBLINGS, IS GUILTY OF A CLASS E FELONY.
 

S 2.

Section 50 of the civil rights law is amended to read as follows:

 

S 50. Right of privacy. 1. A person, firm or corporation that uses for
 advertising purposes, or for the purposes of trade, the  name,  portrait
 or  picture of any living person without having first obtained the writ
 ten consent of such person, or if a minor of his or her parent or guard
 ian, is guilty of a CLASS A misdemeanor.
 2. A PERSON, FIRM OR CORPORATION THAT USES FOR  ADVERTISING  PURPOSES,
 OR  FOR  THE  PURPOSES  OF  TRADE,  THE NAME, PORTRAIT OR PICTURE OF ANY
 MEMBER OF THE ARMED FORCES OR ORGANIZED MILITIA OF NEW YORK,  LIVING  OR
 DECEASED,  WITHOUT  HAVING  FIRST  OBTAINED  THE WRITTEN CONSENT OF SUCH
 PERSON IF LIVING, OR IF DECEASED  OF  HIS  OR  HER  SURVIVING  RELATIVES
 INCLUDING  ANY  SPOUSE, CHILDREN, PARENTS, GRANDPARENTS AND SIBLINGS, IS
 GUILTY OF A CLASS E FELONY.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07806-01-3
 
       S. 3036                             2
 

S 3. The penal law is amended by adding two new  sections  250.70  and
 250.75 to read as follows:

 

S 250.70 INVASION OF PRIVACY IN THE SECOND DEGREE.
 A PERSON IS GUILTY OF INVASION OF PRIVACY IN THE SECOND DEGREE WHEN HE
 OR  SHE  USES  FOR  ADVERTISING OR TRADE PURPOSES, THE NAME, PORTRAIT OR
 PICTURE OF ANY LIVING PERSON, WITHOUT HAVING FIRST OBTAINED THE  WRITTEN
 CONSENT  OF SUCH PERSON, OR THE NAME, PORTRAIT OR PICTURE IS OF A MINOR,
 WITHOUT HAVING FIRST OBTAINED PERMISSION OF HIS OR HER PARENT OR GUARDI
 AN.
 INVASION OF PRIVACY IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
 

S 250.75 INVASION OF PRIVACY IN THE FIRST DEGREE.
 A PERSON IS GUILTY OF INVASION OF PRIVACY IN THE FIRST DEGREE WHEN  HE
 OR  SHE  USES  FOR  ADVERTISING OR TRADE PURPOSES, THE NAME, PORTRAIT OR
 PICTURE OF ANY MEMBER OF THE ARMED FORCES OR ORGANIZED  MILITIA  OF  NEW
 YORK,  WITHOUT HAVING FIRST OBTAINED THE WRITTEN CONSENT OF SUCH PERSON,
 OR IF THE NAME, PORTRAIT OR PICTURE IS OF A DECEASED MEMBER OF THE ARMED
 FORCES OR ORGANIZED MILITIA OF NEW YORK, WITHOUT HAVING  FIRST  OBTAINED
 PERMISSION OF HIS OR HER SURVIVING RELATIVES INCLUDING ANY SPOUSE, CHIL
 DREN, PARENTS, GRANDPARENTS AND SIBLINGS.
 INVASION OF PRIVACY IN THE FIRST DEGREE IS A CLASS E FELONY.
 

S  4.  Severability.  If any clause, sentence, paragraph, subdivision,
 section or part of this article shall be adjudged by a court  of  compe
 tent  jurisdiction to be invalid, such judgment shall not affect, impair
 or invalidate the remainder thereof, but shall be confined in its opera
 tion to the clause, sentence, paragraph, subdivision, section or part of
 this article directly involved in the controversy in which such judgment
 shall have been rendered.
 

S 5. This act shall take effect immediately.

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