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Governor Kathy Hochul today signed first-in-the-nation legislation to protect consumers and boost AI transparency in the film industry. Legislation S.8420-A/A.8887-B requires persons who produce or create an advertisement to identify if it includes AI generated synthetic performers. The Governor also signed legislation S.8391/A.8882, which requires consent from heirs or executors if a person wishes to use the name, image, or likeness of an individual for commercial purposes after their death.
“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,” Governor Hochul said. “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.”
AI generated synthetic performers are digitally-created media that appear as a real person. AI generated synthetic performers are sometimes used by advertisers to sell products, and with easy access to technology, there has been an increase in the use of AI generated performers across all forms of media, including on social media and in digital advertising. Without notice that the content the public is viewing is not real, AI generated synthetic performers and manipulated media can undermine one’s ability to accurately distill fact from fiction.
State Senator Michael Gianaris said, “Film and television production remains an integral part of New York’s economy, and that is why New York will continue to lead in protecting the workers who power this industry. I want to thank Governor Hochul for signing my legislation that will protect workers from having their likenesses deceptively replaced by artificial intelligence, and will hold companies accountable for improperly using these tools.”
Assemblymember Linda B. Rosenthal said, “The proliferation of deepfakes and other artificial intelligence has blurred the lines between the digital world and reality, costing jobs and harming consumers in the process. Under my new law, New Yorkers will finally have the information they need to decipher fact from fiction. Since 2021, I have worked to curb the use of synthetic performers in advertisements and am proud that New York State is now leading the nation. Consumers have a right to know if the product or service being advertised to them is by a real person or a computer-generated avatar. The reduced production costs for companies using AI is not worth the hefty price of obscuring reality. I thank the Governor for signing this bill into law and SAG-AFTRA for their continued advocacy.”
Assemblymember Tony Simone said, “The West Side is home to many amazing SAG-AFTRA members and I was proud to partner with the union, Senator Gianaris and Governor Hochul to expand protections around our right to publicity laws. Thanks to Governor Hochul and all of our amazing partners, New York has made great progress to protect the rights of working actors. These updates will protect deceased people’s voice or likeness in expressive audiovisual works and require prior consent or the permission for the deceased person’s heirs.”
SAG-AFTRA National Executive Director and Chief Negotiator Duncan Crabtree-Ireland said, “These protections are the direct result of artists, lawmakers and advocates coming together to confront the very real and immediate risks posed by unchecked A.I. use. By mandating transparency and securing consent, New York has drawn a bright line that puts human creativity, integrity and trust first. This is smart, forward-looking legislation that will have national impact.”
