With the rapid development of AI-generated content technology, protecting the rights of real actors and preventing audiences from being misled by "virtual humans" has become a hot potato for the entertainment industry. New York State, one of the major entertainment hubs in the United States, earlier signed [a document/policy] by Governor Kathy Hochul.Two landmark new billsThis will regulate the use of AI in the state's entertainment industry and clearly define the guidelines for the use of the deceased's portrait rights.
Advertisements using AI-generated mannequins must be "honestly labeled".
These two new bills respectively regulate "living virtual humans" and "dead real people":
• A8887B Act (S.8420-A):For the advertising industry, the regulations mandate that if AI-generated synthetic performers are used in advertising content, the production company must explicitly disclose and clearly label them. This means that advertisers will no longer be able to use perfectly generated AI faces to pretend to be real consumers or spokespeople without informing the audience.
• S.8391 Act:In response to the controversy surrounding "digital resurrection," the regulations stipulate that if the name, image, or portrait of a deceased individual is to be used for commercial purposes, the explicit consent of their heirs or executors must be obtained in advance.
New York Governor Kathy Hochul emphasized that these are common-sense laws that ensure transparency in the use of AI-generated images and prevent unauthorized profiteering from the portraits of the deceased. "We are developing clear standards that keep pace with technology and protect artists and consumers."
Continuing the results of the Screen Actors Guild strike
The intent behind these regulations largely echoes the massive strike by the Screen Actors Guild of America (SAG-AFTRA) in 2023.The rights and interests fought for.
The core point of contention in the agreement reached between the union and the studio at the time was the use of "digital replicas." The agreement stipulated that production companies could only use AI replicas after obtaining the actors' explicit consent and paying a negotiated fee for each use.
The new law proposed by New York State elevates these contractual safeguards to the legal level, creating a more robust protective net for the state's performers.
Analysis: Digital immortality requires ethical boundaries.
In my opinion, New York State's legislative action is a necessary safeguard. With the lowering of the barriers to entry for deepfake technology, we have seen far too many cases of unauthorized "resurrections" of deceased celebrities to sell products or even commit fraud. This is not only disrespectful to the deceased but also a form of deception against consumers.
While the tech industry (especially Silicon Valley giants) tends to favor "develop first, regulate later," fearing that too many local regulations will stifle innovation (e.g.,This week, OpenAI partnered with Disney.This demonstrates that commercial forces are setting their own market rules. However, without legal enforcement, commercial contracts alone are unlikely to completely curb the misuse of AI technology.
