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10 January 2025

New Year, New Protections For New York Artists And AI-Generated Replicas

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Sheppard Mullin Richter & Hampton

Contributor

Sheppard Mullin is a full service Global 100 firm with over 1,000 attorneys in 16 offices located in the United States, Europe and Asia. Since 1927, companies have turned to Sheppard Mullin to handle corporate and technology matters, high stakes litigation and complex financial transactions. In the US, the firm’s clients include more than half of the Fortune 100.
New York has a new AI-related law which took effect January 1. The law regulates creation and use of digital replicas of an individual's voice or likeness and is similar to those in California and Tennessee.
United States New York Technology

New York has a new AI-related law which took effect January 1. The law regulates creation and use of digital replicas of an individual's voice or likeness and is similar to those in California and Tennessee.

The law defines digital replicas as digital simulations of the voice or likeness of an individual that, to the average person, would be indistinguishable from the "real thing." Any contract for personal or professional services that provides for the creation of digital replicas is void and if it does not describe how the contracting party will use the digital replica or the person being "replicated" was either not represented by legal counsel or a labor union. (Both the contract negotiated by legal counsel and the collective bargaining agreement must contain specific provisions relating to digital replicas.)

Putting it into Practice: We anticipate other states will pass similar digital replica/AI laws in 2025. These laws should be kept in mind by companies that engage talent, or use third parties to create content, including for marketing purposes.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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