NY State bill on photos of famous people fails to pass

A law that would have caused photographers severe hardship on the licensing of images of famous people in New York State failed to pass. The bill would have prohibited the use in ads the name, portrait, voice, signature or picture of any deceased person who died within seventy years of January 1, 2008, without having first obtained the written permission of such person`s estate.

You can read more in this PR piece, which states:

Marilyn Monroe and her legacy will remain in favor of the photographers in New York State because of the halting of Senate Bill 6005/Assembly Bill A08836. Attempts were made to rush this bill through with an inside source indicating that CMG, the licensing agency for Marilyn Monroe, even hired a lobbyist to assist the bill's expedition. Senator Martin Golden and Assemblywoman Helene Weinstein, initially both major supporters of this bill, have now changed their stance, just prior to the end of the scheduled Senate and Assembly sessions.

In a telephone interview, Christopher Serbagi, attorney for The Shaw Family Archives had shared what had changed the minds of the legislators, 'They've been sold a bill of goods by CMG Worldwide CEO Mark Roesler. CMG Worldwide and Mark Roesler want nothing more than to line their pockets through artists and society at large. The statute was written far more broadly than it should have been.- He noted the severe impediments of these bills on Free Speech and First Amendment Rights. Senator Golden's office also confirmed in a telephone interview that there were major flaws in the language of Bill 6005, which they realized shortly after introducing it.

. . . A spokesperson from Senator Golden's office indicates that once the Senate is back in session, there will be roundtable discussions on this issue to better understand it and to create a 'bigger, better, post-mortem rights bill for celebrities.