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 the rights of performers. The first bill mandates that advertisements disclose the use of AI-generated synthetic performers, while the second requires consent from the estates of deceased individuals before their likeness can be used commercially. These measures are designed to enhance transparency and protect the rights of both living and deceased performers.

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The legislation, which Hochul described as "first in the nation," requires that any production or advertisement that includes AI-generated performers must clearly identify their use. This is intended to safeguard the employment opportunities of human actors by ensuring that audiences are aware when they are viewing digital characters created by AI. The second bill updates New York's post-mortem right of publicity, explicitly prohibiting the creation of digital replicas of deceased performers without the consent of their heirs or executors.

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Notably, the laws include exceptions for non-commercial uses, such as fictional entertainment, news programming, and satire, which are designed to address First Amendment concerns. For instance, productions like “For All Mankind” can still portray historical figures without needing permission.

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During the signing ceremony at SAG-AFTRA's New York headquarters, Hochul emphasized the importance of balancing innovation with the protection of individuals' rights. She stated, “It’s a time where we do want to embrace innovation, but not to the detriment of people.” Duncan Crabtree-Ireland, the executive director of SAG-AFTRA, echoed this sentiment, highlighting the urgent need for regulations to address the risks posed by unchecked AI use.

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Despite the positive reception from SAG-AFTRA and Governor Hochul, there are concerns regarding the implications of these laws. Critics argue that the exceptions for certain types of content may undermine the protections intended for performers. Additionally, the ongoing relationship between technology companies and government officials raises questions about the future of AI regulation at both state and federal levels.

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While the New York legislation has been hailed as a progressive step, there are discrepancies in the broader context of AI regulation. Reports indicate that attempts have been made to prevent state-level AI regulations, including efforts by venture capitalist David Sacks to influence federal policy. The potential for a federal law, such as the No Fakes Act, remains uncertain, and the interaction between state and federal regulations could complicate enforcement.

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As New York sets a precedent with these new laws, SAG-AFTRA continues to advocate for federal protections against non-consensual deepfakes. The union's ongoing discussions with legislators aim to establish comprehensive safeguards that could influence national policy on AI in the entertainment industry.

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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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