New York now requires advertisers to disclose AI-generated people in ads
New York has enacted a first-in-the-nation disclosure rule for ads that include AI-generated people. The Governor's office describes the measure (S.8420-A/A.8887-B) as a common-sense transparency step to protect consumers and bring clarity to commercial content.
A second bill, signed the same day, requires consent from heirs or executors to use a deceased person's name or likeness for commercial purposes. Together, the laws aim straight at the commercial use of synthetic or simulated humans - a hot point for film, advertising, and talent contracts.
What triggers the disclosure
If an advertisement includes a synthetic avatar that does not correspond to a real human, the ad must include a "conspicuous" notice. Expect scrutiny over placement, size, duration, and clarity - especially for video, audio, and social formats.
Plan for uniform on-screen text in video, persistent or pre-roll audio statements for radio/podcasts, and visible labels in static and social placements. Keep the language plain: "This ad includes an AI-generated person."
Carve-out for expressive works
No disclosure is required if the advertisement or promotional material is for an expressive work (movies, TV shows, or video games) and the AI avatar in the ad is consistent with its use in the work. Counsel should still document the rationale for relying on this exception in case of review.
Consent for deceased likenesses
A separate bill requires entities to obtain consent from heirs or executors before using a deceased person's name or likeness for commercial purposes. This builds on New York's right of publicity framework and highlights the broader patchwork of state approaches in the U.S., with no federal standard.
For teams handling legacy catalogs, estates, or archival footage, tighten clearance workflows and confirm authority chains before any public-facing use.
Why the film and advertising sectors care
AI usage and compensation are front-and-center issues for performers and studios. SAG-AFTRA's executive director Duncan Crabtree-Ireland welcomed the laws, calling them the result of artists, lawmakers, and advocates confronting the risks of unchecked AI use.
Practically, this means more upfront diligence in production and post, tighter vendor controls, and clearer disclosures to reduce regulatory exposure and consumer deception claims.
Compliance checklist for in-house counsel and outside advisors
- Map exposure: inventory active and planned ads for any synthetic avatars or AI-simulated people.
- Standardize the notice: plain-language copy, minimum size/duration specs, and placement rules per channel.
- Update creative and media SOPs: add disclosure and likeness checks to pre-flight and trafficking workflows.
- Tighten vendor contracts: require flags for AI-generated people, disclosure compliance, audit rights, and indemnities.
- Address audio-only and short-form: set format-specific guidelines (e.g., pre-roll or pinned captions).
- Right of publicity controls: for deceased persons, require documented consent from authorized heirs or executors.
- Recordkeeping: retain proofs of disclosure, consent documentation, and versioned creative files.
- Escalation path: define legal review triggers for borderline cases (e.g., heavy AI edits of real individuals).
- Train marketing and agency partners: brief on what qualifies as "synthetic," the carve-out for expressive works, and do/don't examples.
Open issues to monitor
- "Conspicuous" standards: expected norms for size, contrast, duration, and audio clarity across formats.
- Scope of covered parties: obligations for advertisers, agencies, publishers, and platforms in distributed supply chains.
- Non-English ads and accessibility: language localization and screen-reader/read-aloud requirements.
- Enforcement mechanics: who enforces, penalties, and any safe harbors for good-faith compliance.
- Effective date and transition: runway for implementing disclosures across existing campaigns.
Practical guidance for rollouts
Run a 30-60 day audit of all live and upcoming creative. Add an AI-identification step to asset intake forms and require vendors to disclose any use of generative tools that produce human-like avatars or simulate people.
Stand up a "disclosure kit" with approved language, design templates, and time-in-frame specs for video. Build a quick-reference matrix covering web, social, CTV, broadcast, audio, OOH, and sponsored content.
Right of publicity context
The U.S. relies on state-by-state rules rather than a single federal statute, which creates inconsistent obligations for national campaigns. For a primer on right of publicity concepts and state variation, see this overview from Cornell's Legal Information Institute: Right of Publicity.
For teams building AI literacy
If your legal or marketing teams need a baseline on AI concepts that affect advertising review, this curated index can help scope training needs: AI courses by job.
Bottom line
New York now expects clear, conspicuous disclosures when ads include synthetic people, with a targeted exception for expressive works. It also tightens control over the commercial use of deceased individuals' likenesses through required consent.
Treat these as default requirements for campaigns that reach New Yorkers. Build the disclosure muscle now; it's easier than retrofitting under time pressure.
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