NY Law Requiring Disclosure of AI Performers Goes Into Effect

This past December, the New York State Legislature passed a law that makes it illegal for advertisers to use AI-generated actors in most video formats without disclosing them — and that law has now gone into effect. The measure was passed to protect the public from potentially misleading advertising and to defend the livelihoods of actors who fear that AI performers are quietly replacing them.

NY State Law Now Requires Disclosure of AI

As of June 9, advertising in New York (with some exceptions) must "conspicuously disclose" the use of AI-generated actors, or "synthetic performers" as the law calls them, anywhere in the production process. The law defines a synthetic performer as "a digitally created asset created, reproduced, or modified by computer, using generative artificial intelligence or a software algorithm, that is intended to create the impression that the asset is engaging in an audiovisual and/or visual performance."

In plain terms, the law requires advertisers to disclose when they have used generative AI, or any similar program, to create a performance that looks human but was not actually performed by a person. This is distinct from AI-generated performances of real, identifiable people, which fall under Name, Image, and Likeness (NIL) law.

Addressing Concerns About AI Performers

The growing use of AI performers has raised concerns from both viewers and industry groups. Everyday audiences are increasingly worried about how difficult it is to tell a real actor from an AI-generated one, which can feel deceptive and quickly turn into backlash against the brands running the ads. On the industry side, organizations like SAG-AFTRA have voiced concerns about the impact of AI on working actors.

This law represents a meaningful first step toward greater transparency — and it puts the responsibility squarely on advertisers to be upfront about how their content is produced.

Notable Exceptions to the Law

While the law broadly requires disclosure, a few exceptions have been carved out:

• The law does not apply to audio-only ads, such as radio spots.
• The law does not apply to AI used solely for translation purposes.
• The law does not apply to advertisements promoting works that already rely on AI performers throughout, such as TV shows, movies, or video games.

In practical terms, the voice you hear on the radio may well be AI-generated without any disclosure. The same goes for translated voiceovers, or for ads tied to a project that already uses AI performers as part of the finished product.

The Continuing Role of AI in Advertising

Despite public hesitation about the technology, AI performers are not going anywhere. Their lower cost and the speed at which AI content can be produced will keep them in heavy use, even with the new disclosure requirements. The law is a meaningful first step, and it may be a preview of what's coming, as advocates continue to push for greater regulation of AI across the industry.

Stay Compliant with Your Advertising

If you are considering advertising using videos or voice-overs and want to make sure you are staying compliant with the new disclosure rules, please don't hesitate to contact us. Our team is here to help you navigate the requirements and keep your campaigns on the right side of the law. Call today at 631-310-4655.