NY Legislation Dead . . .

Stock Asylum Staff Report
June 27, 2007


The folks at the American Society of Media Photographers (ASMP) and some other groups, should be patting themselves on the back.

Opposition from ASMP membership, the New York State Bar Association and several licensing agencies has apparently scuttled a New York State bill that might have created a nightmare for many photographers and image distributors. The proposed law could have resulted in a rash of lawsuits against those who have licensed images of celebrities (and perhaps other models) after the subjects have died.

In a communication on this date, ASMP said the bill's sponsors, Senator Martin Golden and Assemblywoman Helene Weinstein, withdrew their support of the legislation in the closing hours of the legislative session. The move effectively killed the bill for this session, but a new, hopefully improved bill could be introduced next session, the photographers' association said.

The bill would have enhanced the publicity rights of estates of celebrities like Marilyn Monroe and John Wayne. Recent court decisions involving the Monroe estate could undermine those rights.

The proposed legislation would have made it illegal in New York to use images of a dead person for advertising or trade without permission from the person's estate. It contained a provision making the law retroactive for 70 years.

Though the New York bill would only have affected images published in that state, it would have had national implications because most advertising crosses state lines.

"Our heartfelt thanks to everyone who contacted a New York legislator; your voices were heard," ASMP said.

"We understand that when the legislature reconvenes in the fall, a new bill will be introduced. We are told that it will be done openly and with public input, unlike the last round. We hope that it will be a bill that photographers can support," the organization concluded.

The ASMP web site is at: http://www.asmp.org.