IP Law Daily, PUBLICITY RIGHTS NEWS: New York enacts AI advertising disclosure and posthumous likeness consent laws, (Dec 12, 2025)

By Saurabh Kashyap, B.A., M.A., LL.B., LL.M.

New laws mandate disclosures of synthetic performers in advertisements and require consent for the commercial use of deceased individuals’ likenesses.

New York Governor Kathy Hochul, on December 11, 2025, signed into law two first-in-the-nation statutes aimed at regulating the use of artificial intelligence in advertising and preserving posthumous publicity rights in the entertainment industry. The Legislature enacted Senate Bill S.8420-A, requiring advertisers to disclose when AI-generated “synthetic performers” are used in commercial content, and Assembly Bill A.8882, amending Civil Rights Law § 50-f to prohibit the unauthorized use of a deceased person’s name, image, likeness, or voice for commercial purposes. Both statutes impose civil liability for non-compliance, provide detailed statutory definitions, and include targeted exemptions for expressive works, making New York the first U.S. jurisdiction to implement a legislative framework addressing both AI-generated performance and digital legacy protection.

Background. The legislation follows heightened public and industry concern about the proliferation of synthetic media, including AI-generated avatars and digital replicas of performers, many of which are now indistinguishable from human beings. Generative AI tools have enabled advertisers and media producers to simulate human likenesses for commercial gain without disclosure or consent, prompting alarm from performer unions and privacy advocates. SAG-AFTRA, which represents screen and voice performers nationwide, supported both bills and characterized the laws as necessary safeguards against identity-based harms and exploitation in the digital era.

Synthetic performer disclosure. Under S.8420-A, the state amended General Business Law § 396-b to create a disclosure regime for synthetic performers in advertising. The statute defines “synthetic performer” as a digitally created asset generated by artificial intelligence or algorithmic software that engages in audiovisual or visual performance but does not represent any identifiable human being. The law further defines “artificial intelligence” and “generative AI” broadly to include machine learning models and technologies capable of producing synthetic content, including images, video, and audio.

The statute applies to any person or entity engaged in the business of advertising property or services in New York. Where a synthetic performer is used, and the advertiser has actual knowledge of its presence, the advertisement must include a conspicuous disclosure. Failure to comply results in a civil penalty of $1,000 for a first violation and $5,000 for each subsequent violation. The law explicitly limits liability to content creators and sponsors, and excludes media distributors such as television networks, streaming services, and newspapers.

The disclosure requirement does not apply to audio-only advertisements or to instances in which artificial intelligence is used solely for language translation. Additionally, advertisements and promotional materials for expressive works—such as films, television programs, video games, documentaries, or other audiovisual content—are exempt if the use of the synthetic performer in the advertisement is consistent with its use in the underlying work.

The statute also clarifies that it does not alter any existing rights under Civil Rights Law §§ 50, 50-f, or 51, nor does it expand or limit protections conferred by 47 U.S.C. § 230 of the Communications Decency Act, which governs online platform liability.

Posthumous publicity rights. In a parallel development, A.8882 revised Civil Rights Law § 50-f to strengthen New York’s statutory right of publicity regime by expanding the scope of protected posthumous rights. The amended statute applies to deceased personalities and performers domiciled in New York at the time of death and includes rights in their names, images, likenesses, signatures, and voices. The statute now also protects against unauthorized use of “digital replicas,” defined as computer-generated representations that are realistically identifiable as the voice or likeness of a deceased person.

The law prohibits the commercial use of a deceased individual’s identity without the prior consent of persons specified in § 50-f(4), which includes heirs, executors, or designated successors in interest. Liability arises regardless of whether the use is misleading or likely to deceive the public. This eliminates the prior standard requiring plaintiffs to show consumer confusion or an implied endorsement.

Remedies under the amended § 50-f include statutory damages of $2,000 or actual damages, whichever is greater, plus profits attributable to the unauthorized use. Punitive damages are also available in appropriate cases. The law provides that plaintiffs need only demonstrate gross revenue, and the burden shifts to the defendant to prove deductible expenses.

The statute permits these rights to be transferred or inherited by will, trust, contract, or other legal instrument. If no explicit transfer is made, the rights are presumed to pass under the residuary clause of the decedent’s estate. Contracts assigning such rights during the deceased's lifetime remain valid and enforceable.

Exceptions and platform liability. Several statutory exceptions preserve First Amendment protections. The statute excludes from liability works of parody, satire, commentary, criticism, political content, journalism, documentaries, docudramas, biographical works, and fictional or nonfictional expressive content, including works in which deceased individuals appear as themselves in fictionalized portrayals. Incidental and de minimis uses are also excluded.

However, if a work otherwise exempt under these provisions includes a use that is “so directly connected” with a product, advertisement, or commercial solicitation that it constitutes advertising under § 50-f(2)(a), the exemption may not apply. The statute assigns the burden of proof to the claimant in such cases.

The law further limits liability for online platforms and intermediaries. Under § 50-f(10), a service provider that displays, offers for sale, or licenses a digital replica is not liable unless it receives a written notice from the rights holder asserting a good faith belief that the use is unauthorized and fails to remove the content as soon as technically and practically feasible. Publishers, broadcasters, and advertising intermediaries are also shielded from liability unless they had actual knowledge of the unauthorized use before dissemination.

Legislative and industry response. Governor Hochul praised the legislation as a step toward digital accountability and consumer protection. “We are setting a clear standard that keeps pace with technology while protecting artists and consumers long after the credits roll,” she said. Senator Michael Gianaris, sponsor of S.8420-A, stated that the law protects workers in the entertainment industry from being replaced by synthetic simulations. Assemblymember Linda Rosenthal emphasized that the law will help consumers distinguish between real and AI-generated content. At the same time, Assemblymember Tony Simone called the posthumous publicity bill a vital update to safeguard the voices and likenesses of deceased performers.

SAG-AFTRA officials commended the legislation as a landmark achievement. National Executive Director Duncan Crabtree-Ireland described the new laws as “smart, forward-looking legislation that will have national impact.” New York Local President Ezra Knight and Chief Labor Policy Officer Rebecca Damon reiterated the union’s commitment to ensuring that technology serves artists rather than replacing or exploiting them.

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