AN ACT to amend the civil rights law, in relation  to  establishing  the right  of  publicity  and  to  providing a private right of action for unlawful dissemination or publication of a sexually explicit depiction of an individual
 
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEMBLY, DO ENACT AS FOLLOWS:


Section  1.  The  civil  rights law is amended by adding a new section
 50-f to read as follows:
§ 50-F. RIGHT OF PUBLICITY. 1. FOR PURPOSES OF THIS SECTION:
A. "DECEASED PERFORMER" MEANS A DECEASED NATURAL PERSON  DOMICILED  IN THIS  STATE  AT THE TIME OF DEATH WHO, FOR GAIN OR LIVELIHOOD, WAS REGULARLY ENGAGED IN ACTING, SINGING, DANCING, OR PLAYING A MUSICAL  INSTRUMENT.
B.  "DECEASED PERSONALITY" MEANS ANY DECEASED NATURAL PERSON DOMICILED IN THIS STATE AT THE TIME OF DEATH WHOSE NAME, VOICE, SIGNATURE,  PHOTOGRAPH, OR LIKENESS HAS COMMERCIAL VALUE AT THE TIME OF HIS OR HER DEATH, OR  BECAUSE  OF  HIS OR HER DEATH, WHETHER OR NOT DURING THE LIFETIME OF THAT NATURAL PERSON THE PERSON USED HIS OR HER NAME,  VOICE,  SIGNATURE, PHOTOGRAPH, OR LIKENESS ON OR IN PRODUCTS, MERCHANDISE, OR GOODS, OR FOR PURPOSES  OF  ADVERTISING  OR  SELLING,  OR SOLICITATION OF PURCHASE OF, PRODUCTS, MERCHANDISE, GOODS, OR SERVICES.
C.  "DIGITAL REPLICA" MEANS A NEWLY CREATED, ORIGINAL, COMPUTER-GENERATED, ELECTRONIC PERFORMANCE BY AN INDIVIDUAL IN A  SEPARATE  AND  NEWLY CREATED,  ORIGINAL  EXPRESSIVE  SOUND  RECORDING  OR AUDIOVISUAL WORK IN WHICH THE INDIVIDUAL DID NOT ACTUALLY PERFORM, THAT IS SO REALISTIC THAT A REASONABLE OBSERVER WOULD BELIEVE IT IS A PERFORMANCE BY THE  INDIVIDUAL  BEING PORTRAYED AND NO OTHER INDIVIDUAL. A DIGITAL REPLICA DOES NOT INCLUDE THE ELECTRONIC REPRODUCTION, COMPUTER GENERATED OR OTHER DIGITAL REMASTERING  OF  AN  EXPRESSIVE  SOUND  RECORDING  OR  AUDIOVISUAL  WORK CONSISTING  OF AN INDIVIDUAL'S ORIGINAL OR RECORDED PERFORMANCE, NOR THE MAKING OR DUPLICATION OF ANOTHER RECORDING THAT CONSISTS ENTIRELY OF THE INDEPENDENT FIXATION OF OTHER SOUNDS, EVEN IF  SUCH  SOUNDS  IMITATE  OR SIMULATE THE VOICE OF THE INDIVIDUAL.
D.  "SOUND  RECORDINGS"  ARE  WORKS THAT RESULT FROM THE FIXATION OF A SERIES OF MUSICAL, SPOKEN, OR OTHER SOUNDS, BUT NOT INCLUDING THE SOUNDS ACCOMPANYING A MOTION PICTURE OR OTHER AUDIOVISUAL WORK,  REGARDLESS  OF THE  NATURE  OF  THE  MATERIAL  OBJECTS,  SUCH AS DISKS, TAPES, OR OTHER PHONORECORDS, IN WHICH THEY ARE EMBODIED.


2. A. ANY PERSON WHO USES A DECEASED PERSONALITY'S NAME, VOICE, SIGNA- TURE, PHOTOGRAPH, OR  LIKENESS,  IN  ANY  MANNER,  ON  OR  IN  PRODUCTS, MERCHANDISE,  OR  GOODS,  OR  FOR PURPOSES OF ADVERTISING OR SELLING, OR SOLICITING PURCHASES OF,  PRODUCTS,  MERCHANDISE,  GOODS,  OR  SERVICES, WITHOUT  PRIOR  CONSENT FROM THE PERSON OR PERSONS SPECIFIED IN SUBDIVISION FOUR OF THIS SECTION, SHALL BE LIABLE FOR ANY DAMAGES SUSTAINED  BY THE PERSON OR PERSONS INJURED AS A RESULT THEREOF.
B.  ANY  PERSON  WHO  USES A DECEASED PERFORMER'S DIGITAL REPLICA IN A SCRIPTED AUDIOVISUAL WORK AS A  FICTIONAL  CHARACTER  OR  FOR  THE  LIVE PERFORMANCE  OF A MUSICAL WORK SHALL BE LIABLE FOR ANY DAMAGES SUSTAINED BY THE PERSON OR PERSONS INJURED AS A RESULT THEREOF IF THE  USE  OCCURS WITHOUT  PRIOR CONSENT FROM THE PERSON OR PERSONS IN SUBDIVISION FOUR OF THIS SECTION, IF THE USE IS LIKELY TO DECEIVE THE PUBLIC  INTO  THINKING IT WAS AUTHORIZED BY THE PERSON OR PERSONS SPECIFIED IN SUBDIVISION FOUR OF  THIS  SECTION.  A  USE SHALL NOT BE CONSIDERED LIKELY TO DECEIVE THE PUBLIC INTO THINKING IT WAS AUTHORIZED BY THE PERSON OR  PERSONS  SPECI- FIED  IN  SUBDIVISION FOUR OF THIS SECTION IF THE PERSON MAKING SUCH USE PROVIDES A CONSPICUOUS DISCLAIMER IN THE CREDITS OF THE  SCRIPTED  AUDIOVISUAL  WORK,  AND  IN  ANY  RELATED ADVERTISEMENT IN WHICH THE DIGITAL REPLICA APPEARS, STATING THAT THE USE OF THE  DIGITAL  REPLICA  HAS  NOT BEEN  AUTHORIZED  BY THE PERSON OR PERSONS SPECIFIED IN SUBDIVISION FOUR OF THIS SECTION.
C. IN ANY ACTION BROUGHT UNDER THIS SECTION:
I. THE PERSON WHO VIOLATED THE SECTION SHALL BE LIABLE TO THE  INJURED PARTY  OR  PARTIES  IN  AN  AMOUNT  EQUAL TO THE GREATER OF TWO THOUSAND DOLLARS OR THE COMPENSATORY DAMAGES SUFFERED BY  THE  INJURED  PARTY  OR PARTIES,  AS  A RESULT OF THE UNAUTHORIZED USE, AND ANY PROFITS FROM THE UNAUTHORIZED USE THAT ARE ATTRIBUTABLE TO SUCH USE  AND  ARE  NOT  TAKEN INTO ACCOUNT IN COMPUTING THE COMPENSATORY DAMAGES.
II.  IN ESTABLISHING PROFITS UNDER THIS SUBDIVISION, THE INJURED PARTY OR PARTIES SHALL BE REQUIRED TO PRESENT PROOF ONLY OF THE GROSS  REVENUE ATTRIBUTABLE  TO  THE UNAUTHORIZED USE, AND THE PERSON WHO VIOLATED THIS SECTION IS REQUIRED TO PROVE HIS OR HER DEDUCTIBLE EXPENSES.
III. PUNITIVE DAMAGES MAY ALSO BE AWARDED  TO  THE  INJURED  PARTY  OR PARTIES.
D. FOR PURPOSES OF THIS SUBDIVISION: 
I.  IT  SHALL NOT BE A VIOLATION OF PARAGRAPH A OF THIS SUBDIVISION IF THE WORK IS A PLAY, BOOK, MAGAZINE, NEWSPAPER, OR OTHER  LITERARY  WORK; MUSICAL  WORK  OR COMPOSITION; WORK OF ART OR OTHER VISUAL WORK; WORK   POLITICAL, PUBLIC INTEREST, EDUCATIONAL OR NEWSWORTHY  VALUE,  INCLUDING COMMENT,  CRITICISM,  PARODY OR SATIRE; AUDIO OR AUDIOVISUAL WORK, RADIO OR TELEVISION PROGRAM, IF IT IS FICTIONAL OR NONFICTIONAL ENTERTAINMENT; OR AN ADVERTISEMENT OR COMMERCIAL ANNOUNCEMENT FOR ANY OF THE  FOREGOING WORKS.
II.  IT SHALL NOT BE A VIOLATION OF PARAGRAPH B OF THIS SUBDIVISION IF THE WORK IS OF PARODY, SATIRE, COMMENTARY, OR CRITICISM; WORKS OF  POLITICAL  OR  NEWSWORTHY  VALUE,  OR  SIMILAR WORKS, SUCH AS DOCUMENTARIES, DOCUDRAMAS, OR HISTORICAL  OR  BIOGRAPHICAL  WORKS,  REGARDLESS  OF  THE DEGREE  OF FICTIONALIZATION; A REPRESENTATION OF A DECEASED PERFORMER AS HIMSELF OR HERSELF, REGARDLESS OF THE DEGREE OF FICTIONALIZATION, EXCEPT IN A LIVE PERFORMANCE OF A MUSICAL WORK; DE MINIMIS OR INCIDENTAL; OR AN ADVERTISEMENT OR COMMERCIAL ANNOUNCEMENT FOR ANY OF THE FOREGOING WORKS.
III. IT SHALL NOT BE A VIOLATION OF THIS SECTION IF THE USE OF A NAME, VOICE, SIGNATURE, PHOTOGRAPH, OR LIKENESS OCCURS IN CONNECTION WITH  ANY NEWS,  PUBLIC  AFFAIRS,  OR  SPORTS  PROGRAM  OR  ACCOUNT, REGARDLESS OF FORMAT, MEDIUM OR MEANS OF TRANSMISSION, OR ANY POLITICAL CAMPAIGN.
IV. IT SHALL NOT BE A VIOLATION OF THIS SECTION IF THE  USE  IS  OF  A NAME,  VOICE,  SIGNATURE, PHOTOGRAPH, OR LIKENESS IN A COMMERCIAL MEDIUM SOLELY BECAUSE THE MATERIAL CONTAINING THE USE IS COMMERCIALLY SPONSORED OR CONTAINS PAID ADVERTISING OR PRODUCT PLACEMENT, OR INCLUDES WITHIN IT A USE IN CONNECTION WITH A PRODUCT, ARTICLE  OF  MERCHANDISE,  GOOD,  OR SERVICE.  RATHER,  IT SHALL BE A QUESTION OF FACT WHETHER OR NOT THE USE OF THE DECEASED PERSONALITY'S NAME,  VOICE,  SIGNATURE,  PHOTOGRAPH,  OR LIKENESS  WAS  SO  DIRECTLY CONNECTED WITH THE COMMERCIAL SPONSORSHIP OR WITH THE PAID ADVERTISING OR PRODUCT PLACEMENT AS TO  CONSTITUTE  A  USE FOR WHICH CONSENT IS REQUIRED UNDER THIS SUBDIVISION.
E.  IN RELATION TO A VIOLATION OF  PARAGRAPH A OF THIS SUBDIVISION, IF A WORK THAT IS PROTECTED UNDER PARAGRAPH D OF THIS SUBDIVISION  INCLUDES WITHIN  IT  A  USE IN CONNECTION WITH A PRODUCT, ARTICLE OF MERCHANDISE, GOOD, OR SERVICE, THIS USE SHALL NOT BE EXEMPT UNDER PARAGRAPH D OF THIS SUBDIVISION, NOTWITHSTANDING THE UNPROTECTED USE'S INCLUSION IN  A  WORK OTHERWISE  EXEMPT UNDER PARAGRAPH D OF THIS SUBDIVISION, IF THE CLAIMANT PROVES THAT THIS USE IS SO DIRECTLY CONNECTED WITH A PRODUCT, ARTICLE OF MERCHANDISE, GOOD, OR SERVICE AS TO CONSTITUTE AN  ACT  OF  ADVERTISING, SELLING,  OR  SOLICITING  PURCHASES OF THAT PRODUCT, ARTICLE OF MERCHANDISE, GOOD, OR SERVICE BY THE DECEASED PERSONALITY WITHOUT PRIOR CONSENT FOR THE USE UNDER PARAGRAPH A OF THIS SUBDIVISION  FROM  THE  PERSON  OR PERSONS SPECIFIED IN SUBDIVISION FOUR OF THIS SECTION.
3. THE RIGHTS RECOGNIZED UNDER THIS SECTION ARE PROPERTY RIGHTS, FREELY  TRANSFERABLE  OR  DESCENDIBLE,  IN  WHOLE  OR  IN PART, BY CONTRACT, LICENSE, GIFT, OR BY MEANS  OF  ANY  TRUST  OR  ANY  OTHER  TESTAMENTARY INSTRUMENT.  IN  THE  ABSENCE  OF  AN EXPRESS TRANSFER IN A TESTAMENTARY INSTRUMENT OF THE DECEASED PERSONALITY'S RIGHTS  IN  HIS  OR  HER  NAME, VOICE,  SIGNATURE, PHOTOGRAPH, OR LIKENESS, A PROVISION IN THE TESTAMENTARY INSTRUMENT THAT PROVIDES FOR THE DISPOSITION OF THE RESIDUE OF  THE DECEASED  PERSONALITY'S ASSETS SHALL BE EFFECTIVE TO TRANSFER THE RIGHTS RECOGNIZED UNDER THIS SECTION IN  ACCORDANCE  WITH  THE  TERMS  OF  THAT PROVISION.  THE  RIGHTS ESTABLISHED BY THIS SECTION SHALL ALSO BE FREELY TRANSFERABLE OR DESCENDIBLE BY CONTRACT, LICENSE, GIFT,  TRUST,  OR  ANY OTHER  TESTAMENTARY  INSTRUMENT  BY ANY SUBSEQUENT OWNER OF THE DECEASED PERSONALITY'S RIGHTS AS RECOGNIZED BY  THIS  SECTION.  NOTHING  IN  THIS SECTION  SHALL  BE  CONSTRUED  TO  RENDER  INVALID  OR UNENFORCEABLE ANY  CONTRACT ENTERED INTO BY A DECEASED PERSONALITY DURING HIS OR HER  LIFETIME  BY WHICH THE DECEASED PERSONALITY ASSIGNED THE RIGHTS, IN WHOLE OR IN PART, TO USE HIS OR HER NAME, VOICE, SIGNATURE, PHOTOGRAPH, OR  LIKENESS.
4.  THE  CONSENT  REQUIRED BY THIS SECTION SHALL BE EXERCISABLE BY THE PERSON OR PERSONS TO WHOM THE RIGHT OF CONSENT, OR PORTION THEREOF,  HAS BEEN  TRANSFERRED  IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, OR IF NO TRANSFER HAS OCCURRED, THEN BY THE PERSON OR  PERSONS  TO  WHOM THE  RIGHT OF CONSENT, OR PORTION THEREOF, HAS PASSED IN ACCORDANCE WITH SUBDIVISION FIVE OF THIS SECTION.
5. SUBJECT TO SUBDIVISIONS THREE AND FOUR OF THIS SECTION, THE  RIGHTS UNDER THIS SECTION OF AN INDIVIDUAL DYING INTESTATE SHALL BE DISTRIBUTED UNDER  THE  LAWS OF INTESTATE SUCCESSION, AND THE RIGHTS AND REMEDIES OF THIS ARTICLE MAY BE EXERCISED AND ENFORCED BY A PERSON  OR  PERSONS  WHO POSSESS AT LEAST A FIFTY-ONE PERCENT INTEREST OF THE INDIVIDUAL'S RIGHTS UNDER  THIS  SECTION.  SUCH PERSONS SHALL MAKE A PROPORTIONAL ACCOUNTING TO, AND SHALL ACT AT ALL TIMES IN GOOD FAITH WITH RESPECT TO, ANY  OTHER PERSON IN WHOM THE RIGHTS BEING ENFORCED HAVE VESTED.
6.  IF  ANY  DECEASED  PERSONALITY DOES NOT TRANSFER HIS OR HER RIGHTS UNDER THIS SECTION BY CONTRACT, OR BY MEANS OF A TRUST  OR  TESTAMENTARY INSTRUMENT,  AND THERE ARE NO SURVIVING PERSONS AS DESCRIBED IN SUBDIVISION FIVE OF THIS SECTION, THEN THE RIGHTS SET FORTH IN SUBDIVISION  TWO OF THIS SECTION SHALL TERMINATE.
7.  A. ANY PERSON CLAIMING TO BE A SUCCESSOR IN INTEREST TO THE RIGHTS OF A DECEASED PERSONALITY UNDER THIS SECTION OR A LICENSEE  THEREOF  MAY REGISTER  THAT CLAIM WITH THE SECRETARY OF STATE ON A FORM PRESCRIBED BY THE SECRETARY OF STATE AND UPON PAYMENT OF A FEE, WHICH THE SECRETARY OF STATE SHALL SET BY RULE. THE FORM SHALL BE VERIFIED  AND  SHALL  INCLUDE THE  NAME  AND  DATE  OF DEATH OF THE DECEASED PERSONALITY, THE NAME AND ADDRESS OF THE CLAIMANT, THE BASIS OF THE CLAIM, AND THE RIGHTS CLAIMED. A SUCCESSOR IN INTEREST TO THE RIGHTS OF A  DECEASED  PERSONALITY  UNDER THIS  SECTION OR A LICENSEE THEREOF SHALL NOT HAVE A CAUSE OF ACTION FOR A USE PROHIBITED BY THIS SECTION THAT OCCURS  BEFORE  THE  SUCCESSOR  IN INTEREST OR LICENSEE REGISTERS A CLAIM OF THE RIGHTS. 
B.  UPON  RECEIPT AND AFTER FILING OF ANY DOCUMENT UNDER THIS SECTION, THE SECRETARY OF STATE SHALL POST THE DOCUMENT  ALONG  WITH  THE  ENTIRE REGISTRY OF PERSONS CLAIMING TO BE A SUCCESSOR IN INTEREST TO THE RIGHTS OF  A  DECEASED  PERSONALITY OR A REGISTERED LICENSEE UNDER THIS SECTION UPON THE SECRETARY OF STATE'S INTERNET WEBSITE.
C. CLAIMS REGISTERED UNDER THIS SUBDIVISION SHALL BE PUBLIC RECORDS.
8. AN ACTION SHALL NOT BE BROUGHT UNDER THIS SECTION BY REASON OF  ANY USE  OF  A DECEASED PERSONALITY'S NAME, VOICE, SIGNATURE, PHOTOGRAPH, OR LIKENESS OCCURRING AFTER THE EXPIRATION OF FORTY YEARS AFTER  THE  DEATH OF THE DECEASED PERSONALITY.
9.  NOTHING  IN THIS SECTION SHALL APPLY TO THE OWNERS OR EMPLOYEES OF ANY MEDIUM USED FOR ADVERTISING, INCLUDING, BUT NOT LIMITED TO,  NEWSPAPERS, MAGAZINES, RADIO AND TELEVISION NETWORKS AND STATIONS, CABLE TELEVISION  SYSTEMS,  BILLBOARDS,  AND  TRANSIT  ADVERTISEMENTS, BY WHOM ANY ADVERTISEMENT OR SOLICITATION IN VIOLATION OF THIS SECTION IS  PUBLISHED OR  DISSEMINATED,  UNLESS IT IS ESTABLISHED THAT THE OWNERS OR EMPLOYEES HAD ACTUAL KNOWLEDGE BY PRIOR NOTIFICATION OF THE  UNAUTHORIZED  USE  OF THE DECEASED PERFORMER'S DIGITAL REPLICA OR DECEASED PERSONALITY'S NAME, VOICE, SIGNATURE, PHOTOGRAPH, OR LIKENESS AS PROHIBITED BY THIS SECTION.
10.  THE  PROVISIONS OF THIS SECTION ARE IN ADDITION TO, BUT SHALL NOT SUPERSEDE, ANY OTHER RIGHTS OR REMEDIES AVAILABLE IN LAW OR EQUITY. 
11. THIS SECTION SHALL APPLY TO THE ADJUDICATION OF LIABILITY AND  THE IMPOSITION  OF  ANY  DAMAGES  OR  OTHER  REMEDIES  IN CASES IN WHICH THE LIABILITY, DAMAGES, AND OTHER REMEDIES ARISE FROM ACTS OCCURRING DIRECTLY IN THIS STATE. FOR PURPOSES OF THIS  SECTION,  ACTS  GIVING  RISE  TO LIABILITY  SHALL  BE LIMITED TO THE USE, ON OR IN PRODUCTS, MERCHANDISE, GOODS, OR  SERVICES,  OR  THE  ADVERTISING  OR  SELLING,  OR  SOLICITING PURCHASES  OF,  PRODUCTS,  MERCHANDISE, GOODS, OR SERVICES PROHIBITED BY THIS SECTION.
12. NOTHING IN THIS  SECTION  SHALL  BE  CONSTRUED  TO  LIMIT,  OR  TO ENLARGE,  THE PROTECTIONS THAT 47 U.S.C. § 230 CONFERS ON AN INTERACTIVE COMPUTER SERVICE FOR CONTENT PROVIDED  BY  ANOTHER  INFORMATION  CONTENT PROVIDER, AS SUCH TERMS ARE DEFINED IN 47 U.S.C. § 230.


§  2.  The civil rights law is amended by adding a new section 52-c to read as follows:
§ 52-C. PRIVATE RIGHT OF ACTION FOR UNLAWFUL DISSEMINATION OR PUBLICATION OF A SEXUALLY EXPLICIT DEPICTION  OF  AN  INDIVIDUAL.  1.  FOR  THE PURPOSES OF THIS SECTION:
A.  "DEPICTED INDIVIDUAL" MEANS AN INDIVIDUAL WHO APPEARS, AS A RESULT OF DIGITIZATION, TO BE  GIVING  A  PERFORMANCE  THEY  DID  NOT  ACTUALLY PERFORM OR TO BE PERFORMING IN A PERFORMANCE THAT WAS ACTUALLY PERFORMED BY  THE  DEPICTED  INDIVIDUAL  BUT  WAS  SUBSEQUENTLY  ALTERED  TO BE IN VIOLATION OF THIS SECTION.
B. "DIGITIZATION" MEANS TO REALISTICALLY DEPICT THE NUDE BODY PARTS OF ANOTHER HUMAN BEING AS THE NUDE BODY PARTS OF THE  DEPICTED  INDIVIDUAL, COMPUTER-GENERATED  NUDE  BODY  PARTS  AS  THE  NUDE  BODY  PARTS OF THE DEPICTED INDIVIDUAL  OR  THE  DEPICTED  INDIVIDUAL  ENGAGING  IN  SEXUAL CONDUCT,  AS  DEFINED  IN SUBDIVISION TEN OF SECTION 130.00 OF THE PENAL LAW, IN WHICH THE DEPICTED INDIVIDUAL DID NOT ENGAGE.
C. "INDIVIDUAL" MEANS A NATURAL PERSON.
D. "PERSON" MEANS A HUMAN BEING OR LEGAL ENTITY.
E. "SEXUALLY EXPLICIT MATERIAL" MEANS ANY PORTION OF AN  AUDIO  VISUAL WORK  THAT SHOWS THE DEPICTED INDIVIDUAL PERFORMING IN THE NUDE, MEANING WITH AN UNCLOTHED OR EXPOSED INTIMATE PART, AS DEFINED IN SECTION 245.15 OF THE PENAL LAW, OR APPEARING TO ENGAGE  IN,  OR  BEING  SUBJECTED  TO, SEXUAL  CONDUCT,  AS DEFINED IN SUBDIVISION TEN OF SECTION 130.00 OF THE PENAL LAW.
@@22. A. A DEPICTED INDIVIDUAL SHALL HAVE A CAUSE  OF  ACTION  AGAINST  A PERSON WHO, DISCLOSES, DISSEMINATES OR PUBLISHES SEXUALLY EXPLICIT MATERIAL RELATED TO THE DEPICTED INDIVIDUAL, AND THE PERSON KNOWS OR REASONABLY  SHOULD HAVE KNOWN THE DEPICTED INDIVIDUAL IN THAT MATERIAL DID NOT CONSENT TO ITS CREATION, DISCLOSURE, DISSEMINATION, OR PUBLICATION.
B. IT SHALL NOT BE A DEFENSE TO AN  ACTION  UNDER  THIS  SECTION  THAT THERE  IS  A  DISCLAIMER IN THE SEXUALLY EXPLICIT MATERIAL THAT COMMUNICATES THAT THE INCLUSION OF THE  DEPICTED  INDIVIDUAL  IN  THE  SEXUALLY EXPLICIT  MATERIAL  WAS UNAUTHORIZED OR THAT THE DEPICTED INDIVIDUAL DID NOT PARTICIPATE IN THE CREATION OR DEVELOPMENT OF THE MATERIAL.
3. A. A DEPICTED INDIVIDUAL MAY ONLY CONSENT TO THE CREATION,  DISCLOSURE,  DISSEMINATION,  OR  PUBLICATION  OF SEXUALLY EXPLICIT MATERIAL BY KNOWINGLY AND VOLUNTARILY SIGNING AN AGREEMENT WRITTEN IN PLAIN LANGUAGE THAT INCLUDES A GENERAL DESCRIPTION OF THE  SEXUALLY  EXPLICIT  MATERIAL AND THE AUDIOVISUAL WORK IN WHICH IT WILL BE INCORPORATED.
B.  A  DEPICTED  INDIVIDUAL  MAY RESCIND CONSENT BY DELIVERING WRITTEN NOTICE WITHIN THREE BUSINESS DAYS FROM THE DATE CONSENT WAS GIVEN TO THE PERSON IN WHOSE FAVOR CONSENT WAS MADE,  UNLESS  ONE  OF  THE  FOLLOWING REQUIREMENTS IS SATISFIED: 
I.  THE  DEPICTED  INDIVIDUAL IS GIVEN AT LEAST THREE BUSINESS DAYS TO REVIEW THE TERMS OF THE AGREEMENT BEFORE SIGNING IT; OR
II.  IF  THE  DEPICTED INDIVIDUAL IS REPRESENTED, THE ATTORNEY, TALENT AGENT, OR PERSONAL MANAGER AUTHORIZED TO REPRESENT THE DEPICTED INDIVIDUAL PROVIDES ADDITIONAL WRITTEN APPROVAL OF THE SIGNED AGREEMENT.
4. A. A PERSON IS NOT LIABLE UNDER THIS SECTION IF:
I. THE  PERSON  DISCLOSES,  DISSEMINATES  OR  PUBLISHES  THE  SEXUALLY EXPLICIT MATERIAL IN THE COURSE OF REPORTING UNLAWFUL ACTIVITY, EXERCISING  THE  PERSON'S  LAW ENFORCEMENT DUTIES, OR HEARINGS, TRIALS OR OTHER LEGAL PROCEEDINGS; OR 
II. THE SEXUALLY EXPLICIT MATERIAL IS A MATTER  OF  LEGITIMATE  PUBLIC CONCERN,  A  WORK  OF  POLITICAL OR NEWSWORTHY VALUE OR SIMILAR WORK, OR COMMENTARY, CRITICISM OR DISCLOSURE THAT IS OTHERWISE PROTECTED  BY  THE CONSTITUTION  OF THIS STATE OR THE UNITED STATES; PROVIDED THAT SEXUALLY EXPLICIT MATERIAL SHALL NOT BE CONSIDERED  OF  NEWSWORTHY  VALUE  SOLELY BECAUSE THE DEPICTED INDIVIDUAL IS A PUBLIC FIGURE.
5.  IN  ANY  ACTION  COMMENCED PURSUANT TO THIS SECTION, THE FINDER OF FACT, IN ITS DISCRETION, MAY AWARD INJUNCTIVE RELIEF, PUNITIVE  DAMAGES, COMPENSATORY DAMAGES, AND REASONABLE COURT COSTS AND ATTORNEY'S FEES.
6. A CAUSE OF ACTION OR SPECIAL PROCEEDING UNDER THIS SECTION SHALL BE COMMENCED THE LATER OF EITHER:
A.  THREE  YEARS  AFTER  THE  DISSEMINATION OR PUBLICATION OF SEXUALLY EXPLICIT MATERIAL; OR
B. ONE YEAR FROM THE DATE A PERSON  DISCOVERS,  OR  REASONABLY  SHOULD HAVE  DISCOVERED,  THE  DISSEMINATION  OR  PUBLICATION  OF SUCH SEXUALLY EXPLICIT MATERIAL.
7. NOTHING IN THIS SECTION SHALL BE READ TO REQUIRE A  PRIOR  CRIMINAL COMPLAINT,  PROSECUTION  OR  CONVICTION TO ESTABLISH THE ELEMENTS OF THE CAUSE OF ACTION PROVIDED FOR IN THIS SECTION.
8. THE PROVISIONS OF THIS SECTION INCLUDING THE REMEDIES ARE IN  ADDITION TO, AND SHALL NOT SUPERSEDE, ANY OTHER RIGHTS OR REMEDIES AVAILABLE
 IN LAW OR EQUITY. 
9.  IF  ANY PROVISION OF THIS SECTION OR ITS APPLICATION TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, THE INVALIDITY SHALL NOT  AFFECT  OTHER PROVISIONS  OR  APPLICATIONS  OF  THIS SECTION WHICH CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION  OR  APPLICATION,  AND  TO  THIS  END  THE PROVISIONS OF THIS SECTION ARE SEVERABLE.
10.  NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED  TO LIMIT, OR TO ENLARGE, THE PROTECTIONS THAT 47 U.S.C. § 230 CONFERS ON AN  INTERACTIVE COMPUTER  SERVICE  FOR  CONTENT  PROVIDED BY ANOTHER INFORMATION CONTENT PROVIDER, AS SUCH TERMS ARE DEFINED IN 47 U.S.C. § 230.


§ 3. This act shall take effect on the one hundred eightieth day after it shall have become a law, and shall apply to  all  living  individuals and deceased individuals who died on or after such date.