Successor in Interest Registrations Under the Right of Publicity Law
NY-ADR
3/31/21 N.Y. St. Reg. DOS-13-21-00025-P
NEW YORK STATE REGISTER
VOLUME XLIII, ISSUE 13
March 31, 2021
RULE MAKING ACTIVITIES
DEPARTMENT OF STATE
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. DOS-13-21-00025-P
Successor in Interest Registrations Under the Right of Publicity Law
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
This is a consensus rule making to add Part 131 to Title 19 NYCRR.
Statutory authority:
Civil Rights Law, section 50-f (L. 2020, ch. 304); Executive Law, section 91
Subject:
Successor in interest registrations under the Right of Publicity law.
Purpose:
To establish the fee and verification requirements to file a claim under the Right of Publicity law.
Text of proposed rule:
New Part 131 of Title 19 of the NYCRR is added as follows:
Part 131 Right of Publicity Registration
Section 131.1 (Reserved)
Section 131.2 Fee
The fee for filing a registration of a person claiming to be a successor in interest to the rights of a deceased personality or a licensee thereof with the Department of State under Civil Rights Law Section 50-f is one hundred fifty dollars.
Section 131.3 Verification by Affirmation
(a) The registration form for any person claiming to be a successor in interest to the rights of a deceased personality or a licensee thereof may be verified by affirmation under penalty of perjury.
(b) In the case of an agent, lawfully appointed, completing a registration form on behalf of a person claiming to be a successor in interest to the rights of a deceased personality or a licensee thereof, the agent shall be required to verify by affirmation, under the penalty of perjury, that such agent has been duly appointed to file such registration, knows the contents of such registration, and believes the same to be true.
Text of proposed rule and any required statements and analyses may be obtained from:
David A. Mossberg, Esq., NYS DOS, 99 Washington Avenue, 11th Floor, Albany, NY 12231, (518) 473-2728, email: [email protected]
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
60 days after publication of this notice.
This rule was not under consideration at the time this agency submitted its Regulatory Agenda for publication in the Register.
Consensus Rule Making Determination
This rule is being proposed as a consensus rule making. The Department of State (the “Department”) does not anticipate that any person is likely to object to this rule since it, in part, is statutorily mandated. Section 50-f of the Civil Rights Law, enacted pursuant to Chapter 304 of the Laws of 2020, requires, in part, that the Department establish, by rule, the fee to submit a claim as a successor in interest to the rights of a deceased personality or a licensee thereof.
The Department does not believe any person is likely to object, since if the Department did not propose this rule, individuals would have no process to submit claims to protect their interests. Further, the Department does not believe any person is likely to object to the fee amount since the claim, once filed, in the absence of litigation, would remain for 40 years; accordingly, the net cost per year to preserve these rights is only $3.75. The Department also considered that other licenses issued by the Department exceed the amount prescribed by this rule and require renewal with greater frequency.
The Department also finds that no person is likely to object to the addition of Section 131.3 since it simplifies the verification process for filing these claims.
Job Impact Statement
A Job Impact Statement is not required for the proposed regulatory amendments. It is apparent from the nature and the purpose of the proposed regulatory amendments that they will not have a substantial adverse impact on jobs and employment opportunities in either the public or private sectors.
Section 50-f of the Civil Rights Law requires, in part, that the Department establish the fee to file a claim as a successor in interest to the rights of a deceased personality or a licensee thereof. This rule achieves this statutory mandate by establishing a reasonable fee, of $150, which represents an annual cost of $3.75, per year, over the 40 years the claim is valid. The Department finds that this nominal per year cost to preserve one’s interest is not likely to be objected to. Further, the rule simplifies the verification process making it less burdensome to preserve these rights.
By reason of the foregoing, the Department finds that this rule will have no impact on jobs or employment opportunities.
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