New York State has taken definitive steps to regulate the use of Artificial Intelligence (AI) in the entertainment industry. On Thursday, Governor Kathy Hochul signed two pieces of legislation designed to mandate transparency regarding AI-generated performers and establish clear rules for using an individual’s likeness after their death.
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The new laws introduce crucial safeguards for artists, consumers, and production companies:
- Transparency in Advertisements (S.8420-A / A8887B): This law mandates that any entity producing or creating an advertisement must disclose if the ad includes AI-generated synthetic performers.
- Post-Mortem Likeness Rights (S.8391): This law requires obtaining consent from heirs or executors if a person’s name, image, or likeness is to be used for commercial purposes after their death.
Governor Hochul praised the legislation for setting a new standard: “By signing these bills today, we are enacting common sense laws that will ensure we are fully transparent when using images generated by artificial intelligence and also prevent the unauthorized commercial use of a deceased individual’s name or likeness… In New York State, we are setting a clear standard that keeps pace with technology, while protecting artists and consumers long after the credits roll.”
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These new regulations further reinforce protections sought by labour unions like SAG-AFTRA. The use of digital replicas and AI-generated performers was a major focus of the union’s 2023 strike contract, which successfully mandated explicit, repeated consent from actors for the creation and use of their digital likenesses, along with pre-negotiated compensation rates.
New York’s laws join a growing collection of state-level AI regulations across the U.S. However, these local efforts face potential headwinds from federal interference. Reports indicate that multiple attempts have been made by figures associated with the Trump administration to prevent state AI laws from existing, including the consideration of a decade-long ban on state AI regulation in early drafts of the “Big Beautiful Bill.” Furthermore, President Donald Trump recently announced his intention to sign a new executive order focused on AI this week.
