New York state is taking steps to regulate the use of AI in the state's entertainment industry. New York Governor Cathy Hochul passed two bills Thursday that would require certain productions to disclose their use of AI-generated performers and define rules for how a person's posthumous likeness can be used.
Assembly Bill A8887B, now known as S.8420-A, specifically addresses the use of AI performers in advertising. According to Hochul's announcement, the law “requires those who produce or create advertisements to identify whether they include synthetic AI-generated performers.” S.8391, on the other hand, states that “if an individual wishes to use his or her name, image, or likeness for commercial purposes after his or her death, the consent of his or her heirs or executor is required.''
“By signing these bills today, we are enacting common-sense legislation that ensures full transparency in the use of images generated by artificial intelligence and prevents unauthorized commercial use of the names and likenesses of deceased individuals,” Governor Hochul said in the announcement. “New York State has set clear standards that keep pace with advances in technology while protecting artists and consumers even after the credits roll.”
The use of AI performers and deepfakes created using actor likenesses were the main focus of the contract awarded to SAG-AFTRA during the 2023 strike. The union ultimately agreed to allow the use of things like digital replicas and AI-generated performers, with some major carve-outs. For example, actors must explicitly consent to a digital replica being created within their image. You must also consent each time your replica is used, and you will receive a pre-negotiated fee each time your replica appears in your work.
New York state’s new regulation provides further protection for both practices and joins a growing number of state AI laws passed or currently under consideration this year. But because of the close ties between tech companies and the Trump administration, there have been numerous attempts to prevent such laws from existing. A 10-year ban on state AI regulation was included in early drafts of the Big Beautiful Act, and venture capitalist and White House special assistant David Sachs reportedly pulled out all the stops to get President Donald Trump to sign an executive order banning state AI regulation. The effort may have been worth it. The president posted Tuesday that he will sign new executive orders this week focused on AI.
