This month, New York Governor Kathy Hochul signed a pair of landmark laws designed to protect consumers and enhance transparency in the use of artificial intelligence (“AI”) within the film, advertising, and media industries. Governor Hochul described the measures as “first-in-the-nation” legislation that aligns legal standards with emerging technology while safeguarding individual rights and artistic integrity.
Disclosure Requirements for AI-Generated Synthetic Performers
One of the new laws requires advertisers and content creators to disclose when an advertisement contains AI-generated synthetic performers. Under the statute, a “synthetic performer” is a digitally created asset that appears as a real person and is generated or altered by AI or related software to give the impression that a human is performing. Advertisements that use such performers must include a clear and conspicuous disclosure to inform consumers that the performance is not by an actual human.
The purpose of this requirement is to prevent consumer deception and ensure that audiences can distinguish between human and AI-generated representations in media. Lawmakers and advocates have emphasized that the proliferation of AI tools makes such disclosures necessary to maintain transparency and protect public trust in advertising and entertainment content.
Consent for Posthumous Use of Name, Image, and Likeness
The second statute signed into law strengthens protections for individuals’ names, images, and likenesses after death. Under this law, commercial use of a deceased person’s name, image, or likeness, whether portrayed by AI or otherwise, requires consent from the individual’s heirs or legal executors before deployment in any advertising or promotional material.
This measure expands on existing rights of publicity and aims to prevent unauthorized or exploitative uses of a deceased person’s identity for commercial gain. The law provides increased control for families and estates over how a deceased individual’s identity is portrayed or monetized, addressing concerns raised by digital recreations and deepfake technologies.
Legislative Intent and Industry Response
Supporters of the new laws, including state legislators and industry stakeholders, have framed the legislation as a balanced approach to modernizing consumer protections in the face of rapid technological change. State Senator Michael Gianaris noted that film and television production remains central to New York’s economy, and the measures protect workers and creative contributors from having their likenesses displaced or misused by AI. Assemblymember Linda B. Rosenthal emphasized that greater transparency will help audiences distinguish between real human performers and AI-generated representations, which can influence consumer perception and trust.
The signed laws also garnered support from performers’ unions, including SAG-AFTRA, which has advocated for stronger legal frameworks to ensure that artists’ rights and reputations are not undermined by unchecked AI use. Union leaders highlighted the importance of consent and disclosure as foundational protections for performers in the digital era.
Scope, Applicability, and Enforcement Considerations
The new disclosure obligations apply broadly to advertisements distributed in New York State, regardless of where the advertiser is based, so long as New Yorkers can view the content. While expressive works such as movies, television programs, and other audiovisual content designed primarily for entertainment may be exempt under certain conditions, commercial advertising and promotional materials must satisfy the disclosure requirements when they utilize synthetic performers.
Civil penalties and enforcement mechanisms will likely be specified in implementing regulations or via state enforcement actions under New York’s consumer protection framework. The precise contours of enforcement and how industry participants should operationalize compliance remain key areas for legal interpretation and guidance as the laws take effect.
Implications for Media, Advertising, and IP Counsel
These groundbreaking laws mark a significant expansion of state-level regulation of AI in media and advertising, emphasizing transparency, consent, and respect for individual rights of publicity. They reflect a broader trend toward increased statutory oversight of generative technologies amid growing concern over deepfakes, synthetic media, and AI’s impact on creative industries. For attorneys advising clients in advertising, entertainment, and technology sectors, the New York framework underscores the importance of integrating legal compliance strategies into the development and deployment of AI-generated content.
As similar legislative efforts gain momentum in other jurisdictions, practitioners should monitor developments in both state and federal law to assess how regulatory landscapes may evolve in response to artificial intelligence and digital representation issues.
With New York setting the pace on AI transparency and rights-of-publicity protections, advertisers, media companies, and technology platforms must reassess how they use AI-generated content and digital likenesses. Romano Law advises clients on AI compliance, advertising disclosures, and name, image, and likeness (NIL) and publicity-rights issues across jurisdictions. If your organization uses or is considering AI in marketing, film, or media projects, we encourage you to contact us to ensure your practices align with emerging legal requirements and minimize regulatory and litigation risk.
Contributions to this blog by Kennedy McKinney.