New York Governor Kathy Hochul has taken a definitive step to regulate the use of artificial intelligence in the film and advertising industries with the signing of groundbreaking legislation. The recently signed legislation, specifically S.8420-A/A.8887-B, mandates the disclosure of AI-generated synthetic performers in advertising. Moreover, another piece of legislation, S.8391/A.8882, requires prior consent from heirs or estates for using a deceased person's likeness for commercial purposes. "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," Governor Hochul stated in comments obtained by the official Governor's Office website.
As digital technology rapidly evolves, artificial intelligence has increasingly been used to create lifelike images and performances, challenging the perception of reality in media. This legislation positions New York at the forefront of addressing the ethical and economic implications of these advancements. "Film and television production remains a integral part of New York’s economy," explained State Senator Michael Gianaris regarding the importance of these measures for the local industry, as mentioned in the official announcement from the Governor's Office.
Consumers and professionals in the film industry are anticipated to benefit from increased transparency and ethical standards. "The proliferation of deepfakes and other artificial intelligence has blurred the lines between the digital world and reality, costing jobs and harming consumers in the process," Assemblymember Linda B. Rosenthal explained, underscoring the motives behind spearheading efforts for more stringent regulations. Her sentiments echo the concerns of those in the industry who have witnessed the potential downsides of unchecked AI use, as noted by the Governor's Office.
This legislation also addresses posthumous rights, an increasingly contentious subject as technology allows for more convincing and potentially exploitative reproductions of individuals long passed. "These updates will protect deceased people's voice or likeness in expressive audiovisual works and require prior consent or the permission for the deceased person’s heirs," Assemblymember Tony Simone noted in recognitions of the sensitive nature of these issues. The Governor's Office official statement also featured responses from SAG-AFTRA representatives who praised the Governor's action as a significant step for protecting artist rights and setting a precedent that could influence nationwide policies.
