Bill S5337-2011

Relates to the unauthorized use of the names and images of members of the armed forces or organized militia of New York

Relates to the unauthorized use of the names and images of members of the armed forces or organized militia of New York.

Details

Actions

  • Jun 13, 2012: referred to governmental operations
  • Jun 13, 2012: DELIVERED TO ASSEMBLY
  • Jun 13, 2012: PASSED SENATE
  • Jun 13, 2012: ORDERED TO THIRD READING CAL.1206
  • Jun 13, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jan 4, 2012: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • May 25, 2011: referred to governmental operations
  • May 25, 2011: DELIVERED TO ASSEMBLY
  • May 25, 2011: PASSED SENATE
  • May 23, 2011: ADVANCED TO THIRD READING
  • May 18, 2011: 2ND REPORT CAL.
  • May 17, 2011: 1ST REPORT CAL.762
  • May 9, 2011: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Veterans, Homeland Security and Military Affairs - May 17, 2011
Ayes (14): Ball, Flanagan, Golden, Griffo, Grisanti, Larkin, McDonald, Zeldin, Addabbo, Avella, Stewart-Cousins, Carlucci, Klein, Savino
VOTE: COMMITTEE VOTE: - Rules - Jun 13, 2012
Ayes (23): Skelos, Alesi, Farley, Fuschillo, Hannon, Johnson, Larkin, LaValle, Libous, Marcellino, Maziarz, Nozzolio, Saland, Seward, Sampson, Breslin, Dilan, Hassell-Thompson, Montgomery, Parker, Perkins, Smith, Stewart-Cousins
Nays (1): Duane
Excused (1): Krueger

Memo

BILL NUMBER:S5337

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: 2007: S.39-C (similar) Reported to Senate 3rd reading calendar.

FISCAL IMPLICATIONS:

None noted.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5337 2011-2012 Regular Sessions IN SENATE May 9, 2011 ___________
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.
S 3. The penal law is amended by adding two new sections 250.70 and 270.75 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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