New York is moving to regulate the use of artificial intelligence in the state’s entertainment and advertising industries. Governor Kathy Hochul signed two new laws Thursday: one requires certain productions to disclose the use of AI-generated performers, and the other sets rules for using a person’s likeness commercially after their death.
Assembly Bill A8887B, now S.8420-A, mandates that advertisements indicate when AI-generated performers are included. S.8391 establishes that consent must be obtained from a deceased individual’s heirs or executors before their name, image, or likeness can be used for commercial purposes. Governor Hochul described the laws as “common sense,” emphasizing that they promote transparency in AI use while protecting both artists and consumers.
The laws follow ongoing industry debates over AI performers and deepfakes, highlighted during the 2023 SAG-AFTRA strike. Under the union’s agreement, actors must give explicit consent for digital replicas of themselves, approve each use, and receive a pre-negotiated rate for appearances. New York’s legislation adds additional protections around these practices and aligns with a wave of AI-focused state regulations emerging this year. Efforts to block state AI regulation, including proposals during the Trump administration and lobbying by tech figures like David Sacks, have faced resistance, but New York has established a clear standard for ethical and transparent use of AI in media.