New York Enacts Groundbreaking AI Legislation for Performers

On Thursday, October 19, 2025, New York Governor Kathy Hochul signed two significant bills aimed at regulating the use of artificial intelligence (AI) in the entertainment industry, particularly concerning synthetic performers. The first bill mandates that advertisers disclose when AI-generated performers are used in their content, while the second prohibits the use of a deceased performer’s likeness for creating deepfakes without the consent of their estate. These laws are seen as a response to the growing concerns over the implications of AI in media and entertainment.

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The advertising disclosure bill, known as Assembly Bill A8887B (S.8420-A), requires clear identification of AI-generated synthetic performers in advertisements. Hochul emphasized that this legislation aims to ensure transparency and protect the jobs of human actors. The second bill, S.8391, updates New York's post-mortem right of publicity, requiring consent from heirs or executors for the commercial use of a deceased individual's likeness. However, it includes exceptions for fictional and non-fictional works, allowing for the portrayal of historical figures without permission.

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Governor Hochul described the new laws as “first in the nation” and expressed her commitment to fostering responsible AI policies. She stated, “It’s a time where we do want to embrace innovation, but not to the detriment of people.” Duncan Crabtree-Ireland, executive director of SAG-AFTRA, highlighted the legislation's importance in addressing the “very real and immediate risks posed by unchecked AI use,” asserting that it represents “smart, forward-looking legislation that will have national impact.”

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Despite the positive reception from SAG-AFTRA and the state government, some critics argue that the carve-outs for fictional portrayals may undermine the intent of the legislation. Concerns have also been raised regarding the potential loopholes that could allow for the exploitation of deceased performers’ likenesses in certain contexts without proper consent.

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While the New York legislation is a significant step forward, there are ongoing discussions about the need for a federal framework to regulate AI usage comprehensively. SAG-AFTRA continues to advocate for the No Fakes Act, which would impose stricter regulations on non-consensual deepfakes across the United States. The relationship between state laws and potential federal regulations remains a point of contention.

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As the entertainment industry adapts to these new regulations, SAG-AFTRA is expected to continue its push for federal protections against the misuse of AI. The union's recent negotiations have highlighted AI as a critical issue, and the developments in New York may serve as a model for other states considering similar legislation.

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• “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,” — Kathy Hochul, Governor of New York

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• “If we want the public to trust what they see, we must have guardrails on digital replicas and synthetic creations,” — Duncan Crabtree-Ireland, Executive Director of SAG-AFTRA

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• “Simply put, opt-in protocols are the only way to do business and the NO FAKES Act will make us safer,” SAG-AFTRA President Sean Astin said at the time.” — Sean Astin, President of SAG-AFTRA

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