[co-author: James O'Reilly*]
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.)
*James O’Reilly is a Cybersecurity and Privacy Fellow in the firm’s Chicago office.
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.
