Legislative Action

Governor Kathy Hochul approved two pieces of legislation that target the use of artificial intelligence in New York’s advertising industry. Assembly Bill A8887B, now identified as S.8420‑A, requires anyone who produces or creates an advertisement to disclose if it includes AI‑generated synthetic performers. The companion bill, S.8391, mandates consent from heirs or executors before a deceased individual’s name, image, or likeness can be used for commercial purposes.

Purpose and Impact

The new laws are designed to ensure transparency for consumers and to protect the rights of artists, both living and deceased. Governor Hochul highlighted that the measures “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.”

Industry Context

The focus on AI performers and deepfakes aligns with issues addressed in the SAG‑AFTRA strike of 2023, where the union secured provisions requiring explicit consent for digital replicas and pre‑negotiated compensation each time a replica is used. New York’s regulations add an additional layer of safeguards, joining a growing list of state AI laws.

Broader Landscape

While states are moving to regulate AI, there have been attempts to limit such legislation at the federal level. Nonetheless, New York’s approach reflects a growing consensus that clear standards are needed to keep pace with advancing technology while protecting creators and consumers.

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