A new New York law forces advertisers to decide when they use AI avatars

New York Gov. Kathy Hochul signed a bill Thursday that will require advertisers to determine whether an ad includes people created by artificial intelligence. Hochul advertisement He said the bill, S.8420-A/A.8887-B, was the first of its kind in the United States, calling it a “common sense” law that would bring more transparency and protect consumers. A separate bill signed by Hochul also requires entities to obtain approval from heirs or executors if they want to use a deceased person’s name or likeness for business purposes.

The bills are particularly relevant to the film industry and actors, of which the use of artificial intelligence (and compensation) is one of the most important The most pressing issues Facing the profession. In a joint press release with Hochul, sag-avtra CEO Duncan Crabtree-Ireland celebrated the signings.

“These protections are the direct result of artists, legislators and advocates coming together to confront the very real and immediate risks posed by the unsupervised use of artificial intelligence,” Crabtree-Ireland said. The disclosure bill states that notice must be “clear” when an ad includes an artificial avatar that does not correspond to a real human. The bill dealing with deceased forms is part of a state’s right of publicity — there is no federal right of publicity, but instead a patchwork of uneven state laws, many of which are illegal It has not been updated for the age of generative AI.

There are some specific cases where disclosure is not needed: If the ad or promotional material is for an “expressive work” such as a movie, TV show or video game, where the AI ​​avatar in the ad is consistent with its use in the work. Implementer of state policy New York Focus I mentioned At least a few government agencies have used AI to produce ads, although they may be exempt in some cases because they are considered public service announcements.

Violations of the disclosure requirements result in a $1,000 fine the first time and jump to $5,000 in subsequent cases.