"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,"
"In New York State, we are setting a clear standard that keeps pace with technology, while protecting artists and consumers long after the credits roll."
"The use of AI performers and deepfakes made using the likenesses of actors were major focuses of the contract SAG-AFTRA won during its strike in 2023. The union ultimately agreed to allow for the use of things like digital replicas and AI-generated performers, with some key carveouts. For example, actors have to give their explicit consent for a digital replica to be made in their image."
New York enacted two laws regulating AI use in entertainment and postmortem likeness rights. Assembly Bill A8887B (S.8420-A) requires producers to identify advertisements that include AI-generated synthetic performers. S.8391 requires consent from heirs or executors before using a deceased individual’s name, image, or likeness for commercial purposes. The laws aim to ensure transparency around images generated by artificial intelligence and prevent unauthorized commercial exploitation of deceased individuals. SAG-AFTRA's contract allowed digital replicas with explicit actor consent, per-use consent, and pre-negotiated rates; New York's laws add further safeguards around consent, disclosure, and postmortem commercial use.
Read at Engadget
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