The "Right of Publicity" refers to every individual's inherent right to control the commercial use of his or her personal characteristics. The ability to file a claim to the right of publicity balances longstanding First Amendment protections with the need to further protect the unauthorized exploitation of performers for commercial purposes in the digital age, after they have died.
"Right to Publicity" for deceased individuals to protect against the commercial exploitation, or unauthorized use. An individual can create transactions for other people/entities.
- Any person claiming to be a successor in interest or a licensee to the rights of a deceased personality may file a claim registration.
- A Claimant may file the claim registration or an Agent of the Claimant, lawfully appointed, can submit a registration on the claimant’s behalf.
- A filing cannot be accepted where the date of death occurred prior to statutory enactment, May 29, 2021.
- Deceased person must have been domiciled in New York at the time of death.
There are fees associated with filing a Right of Publicity Claim Registration. You may pay these fees by credit card or by check or money order made payable to the Department of State. All fees are nonrefundable. A $20 fee will be charged for any check returned by your bank.
- $150 - Right of Publicity Claim Registration Fee
Completed Filings will be available upon submission and approval of Filings.
Who may file a Right of Publicity Claim Registration?
Any person claiming to be a successor in interest or a licensee thereof to the rights of a deceased personality may file a claim registration.
Is it required to identify the basis for the claim?
Yes, you must identify the basis for the claim on the form. The list includes spouse, child, parent, contract, gift, license, will, court judgement, or you can identify another basis for this interest.
Can an agent of the claimant submit the registration?
Yes, an agent of the claimant, lawfully appointed, can submit a registration on the claimant’s behalf. The agent will need to identify they are the agent and further verify and affirm to certain conditions as outlined on the form.
Where does the ‘deceased personality’ need to domiciled at the time of death?
The deceased personality needed to be domiciled in the State of New York at the time of their death in order to file this registration.
Does the registration require the rights claimed to be identified?
Yes, the registration requires the claimant to identify each of the rights being claimed along with the percentage of the interest claimed.
How do I file a claim registration online?
To apply for a registration, you must create an account or utilize an already existing MY NY.gov account. Please visit the https://dosforms.ny.gov/ROP/ to begin your online registration. For further instructions, you may visit dos.ny.gov/licensing-services.
What is the fee for this claim registration?
The registration fee is $150.
What forms of payment do you accept?
You may pay by check or money order made payable to the Department of State. Do not send cash. All fees are nonrefundable. A $20 fee will be charged for any check returned by your bank.
What is the effective date of this registration requirement?
Section 3 of Chapter 304 of the Laws of 2020 states in pertinent part ‘this act shall… apply to all living individuals and deceased individuals who died on or after such date’ [May 29, 2021]. As such, a filing cannot be accepted where the date of death occurred prior to statutory enactment.