Warner Bros.New York has made history by becoming the first US state to pass a law requiring transparency around the use of AI-generated performers, while also tightening protections around the use of a person’s name, image, and likeness after their death.
For better or worse, artificial intelligence is permeating every facet of our lives: high schoolers are dating bots; AI chefs, singers, influencers, and actors are replacing human counterparts; and “AI slop” is filling up our feeds.
One area that’s proven to be increasingly contentious is its use in art, with the debate reaching new heights amid the 2023 writers’ and actors’ strikes in Hollywood, which called for stricter regulations on its use in entertainment.
New York lawmakers have made the first big move in the US, signalling a growing push to establish clear guardrails around AI before the technology becomes too embedded to regulate.
New York passes first-in-the-nation AI laws
UnsplashGovernor Kathy Hochul has signed two pieces of legislation designed to curb the unchecked use of artificial intelligence in advertising and entertainment. The first requires advertisers to clearly disclose when AI-generated “synthetic performers” are used in place of human actors in commercials.
Synthetic performers are digitally created representations that appear real to viewers and are increasingly already being used across digital advertising and social media, a recent example being Coke’s 2025 Christmas ad.
Assemblymember Linda B. Rosenthal said, “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.”
The second law focuses on post-mortem rights, requiring consent from a deceased person’s heirs or estate before their name, image, or likeness can be used for commercial purposes. This directly addresses growing concerns about AI recreations of dead actors and public figures.
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Creative CommonsThe issue has already sparked controversy in Hollywood, with debates around digital recreations of performers long after their deaths. Robin Williams’ daughter Zelda Williams, for instance, has been a vocal critic of those using the tech to make videos of her late father.
While estates have sometimes approved such uses, critics argue that advances in AI make it easier than ever to exploit a person’s image in ways they never consented to.
After signing the legislation on December 11, Governor Hochul said, “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.
“In New York State, we are setting a clear standard that keeps pace with technology, while protecting artists and consumers long after the credits roll.”
State Senator Michael Gianaris added, “Film and television production remains an integral part of New York’s economy, and that is why New York will continue to lead in protecting the workers who power this industry.”
SAG-AFTRA, the leading labor union for US performers, has strongly backed the legislation, framing it as a necessary step to protect performers and consumers alike.
The firm’s national executive director, Duncan Crabtree-Ireland, stated, “These protections are the direct result of artists, lawmakers and advocates coming together to confront the very real and immediate risks posed by unchecked AI use.
“By mandating transparency and securing consent, New York has drawn a bright line that puts human creativity, integrity and trust first. This is smart, forward-looking legislation that will have national impact.”
The national AI battle
UnsplashNew York’s decision raises immediate questions about whether other states will follow suit, particularly as AI regulation remains fragmented across the US.
So far, only a handful of states – including California, Colorado, Utah, and Texas – have passed broader AI-related laws addressing transparency and consumer protections in the private sector.
But these efforts are now under pressure from a federal level, with president Donald Trump signing an executive order last week aimed at discouraging states from regulating AI, with the argument that such laws stifle innovation and give rival nations an advantage in the global tech race.
Critics from both parties have pushed back, warning that limiting state-level oversight effectively hands more power to major AI companies with little accountability.
Liana Keesing, policy lead for technology reform at nonprofit Issue One, told PBS, “After spending millions of dollars on lobbying – including massive donations for the new White House ballroom – Big Tech has successfully leveraged those around the president to pass a federal moratorium that aims to wipe out bipartisan AI safeguards passed in both blue and red states.”
Creative CommonsShelby Knox, director of online safety campaigns at ParentsTogether Action, added, “A generation of parents watched their kids become the collateral damage of our failure to regulate social media, and now this moratorium threatens to repeat that tragedy with AI.”
Several state officials have already indicated they are prepared to challenge federal interference in court, insisting that states have the right and responsibility to protect residents from harmful or deceptive uses of emerging technology.
For more AI news, read about Disney’s $1 billion deal with OpenAI to let Sora make videos with its characters, the fully AI-generated reality show Non Player Combat, and what James Cameron thinks about AI actors.