Gov. Kathy Hochul recently signed two bills in New York that aim to regulate the use of synthetic AI performers, with the support of SAG-AFTRA. The first bill requires disclosure when an AI performer is used in advertising, while the second prohibits the use of a deceased performer’s likeness to create a deepfake without the consent of their estate.
Last year, SAG-AFTRA successfully advocated for similar legislation in California to protect deceased performers from AI replicas. The New York legislation goes a step further by mandating advertisers to clearly disclose when a synthetic performer is used. This measure is intended to safeguard the jobs of human commercial actors, as synthetic performers are digital characters generated by artificial intelligence that do not resemble real individuals.
Governor Hochul signed the bills at a press conference held at SAG-AFTRA’s New York headquarters, emphasizing the importance of transparency when utilizing AI-generated images. Duncan Crabtree-Ireland, the executive director of SAG-AFTRA, praised the legislation as a proactive approach to addressing the risks associated with unchecked AI use, highlighting its potential national impact.
The digital replica bill specifically applies to performers who were residents of New York at the time of their passing. It updates the state’s post-mortem right of publicity to explicitly prohibit the use of AI for digital recreations without consent. However, certain exceptions are made for non-consensual replicas used in entertainment, news programming, and satire to accommodate First Amendment considerations.
Additionally, the advertising disclosure bill includes exemptions for advertisements promoting films or TV shows featuring synthetic performers. SAG-AFTRA continues to advocate for the No Fakes Act, a federal law that would prohibit non-consensual deepfakes of both performers and non-performers.
Overall, the newly enacted legislation in New York sets a precedent for transparency and accountability in the use of AI performers, with the aim of protecting the rights of both living and deceased individuals in the entertainment industry. The collaboration between SAG-AFTRA and legislators underscores the importance of addressing ethical concerns surrounding AI technology.
