In a significant move to govern the use of artificial intelligence in media and advertising, the NY AI Right of Publicity Law has been enacted, establishing new requirements for transparency and consent. Signed by Governor Kathy Hochul on December 11, 2025, the legislation introduces two pivotal measures: one mandating disclosure for AI-generated "synthetic performers" in advertisements, and another strengthening the posthumous right of publicity. This development signals a new era of accountability in AI-generated content and underscores the growing importance of building digital trust in an increasingly AI-driven world.
As organizations increasingly leverage AI technologies, these regulations highlight the critical need for robust AI governance frameworks. The NY AI Right of Publicity Law is not merely a regional compliance issue; it sets a precedent that may influence future AI laws for businesses across the United States and globally. The legislation directly addresses public concerns about the authenticity of digital content and the unauthorized use of personal likenesses, both living and deceased, emphasizing the need to protect identity in this new digital landscape.
The NY AI Right of Publicity Law is divided into two distinct but related components, each with its own timeline and set of compliance obligations. The first part focuses on AI transparency in advertising, while the second expands protections for the legacies of deceased individuals. These measures collectively aim to foster a more responsible and ethical AI ecosystem that prioritizes consumer protection and individual rights.
A summary of the key provisions is outlined in the table below:
| Provision | Key Requirement | Effective Date | Scope |
|---|---|---|---|
| AI Transparency Law | Advertisers must conspicuously disclose the use of "synthetic performers" (realistic, AI-generated, non-identifiable people). | June 9, 2026 | Commercial advertisements in New York, with some exceptions for expressive works. |
| Posthumous Right of Publicity Law | Requires prior consent from heirs for commercial use of a deceased individual's name, voice, or likeness, including "digital replicas." | December 11, 2025 | Deceased personalities and performers who were domiciled in New York at the time of their death, addressing concerns tied to unjust enrichment from likeness cloning. |
These regulations reflect a growing global trend toward regulating artificial intelligence more comprehensively. The NY AI Right of Publicity Law, in particular, shares some conceptual similarities with other transparency-focused regulations, such as the California AI Transparency Act, which also aims to inform consumers about their interactions with AI, including AI-generated voice clones. This legislative pattern suggests a broader movement towards ensuring that AI technologies are developed and deployed in a manner that respects individual rights and promotes consumer confidence.
For advertisers, brands, and content creators, the implications of the NY AI Right of Publicity Law are significant and far-reaching. The immediate effect of the posthumous right of publicity provision requires an urgent review of any campaigns that may involve the likeness of deceased personalities. The upcoming 2026 deadline for disclosing synthetic performers necessitates a proactive approach to integrating transparency into creative workflows. Failure to comply can result in financial penalties, including civil penalties of up to $5,000 per violation for non-disclosure and statutory damages for unauthorized posthumous use.
Organizations must now assess their use of AI in advertising and establish internal guardrails to ensure compliance. This includes inventorying the use of AI-generated likenesses, updating brand guidelines, and reviewing agreements with agencies and production partners. Given the rise of AI-generated voice clones and deepfakes, maintaining digital trust is increasingly tied to ethical practices and adherence to emerging AI governance standards. The legal landscape will undoubtedly continue to evolve, making it essential for businesses to stay informed about emerging regulations, not just in the U.S. but also in other major jurisdictions like the European Union, which is also in the process of navigating the EU AI Act.
In this complex environment, building and maintaining digital trust is paramount. Proactive compliance and a commitment to ethical AI practices are no longer just best practices—they are essential components of a sustainable business strategy. Organizations that embrace AI management systems and adopt frameworks like ISO 42001 for responsible AI governance will be better positioned to navigate these regulatory challenges and turn governance into a competitive advantage. As a trusted partner in a digital world, Nemko Digital is committed to helping organizations navigate these challenges and build confidence in their AI implementations.