New York’s Passes AI Advertising and Entertainment Laws

The state of New York is tackling AI in advertising and entertainment in two new pieces of legislation. The first is an advertising law. This law requires commercial advertisements to include “conspicuous” disclaimers if using AI to create realistic-looking but “nonidentifiable” actors. The second law pertains to the rights of deceased performers’ estates. This law requires the consent of the estate for the AI generation of a deceased performer’s likeness. A recent Debevoise & Plimpton memo discusses the new requirements:

“New York has imposed new disclosure and consent requirements for AI use in advertising. Beginning in June 2026, advertisers must disclose the use of AI-generated “synthetic performers” in commercial advertisements, and a separate law—effective immediately—requires prior consent for the commercial use of a deceased individual’s name, voice, image, or likeness. The laws reach routine, AI-assisted advertising practices. Advertisers, brands, agencies, and platforms using AI in creative development, digital and social advertising, influencer marketing, or branded content—whether in house or through third parties—may be subject to these requirements.”

AI in advertising has been controversial. McDonald’s recently pulled an AI-generated ad from circulation in the Netherlands after public backlash. Disclaimers, like those required under the New York law, may draw attention to AI-generated aspects of advertisements, potentially amplifying backlash. Additionally, the second New York law is similar to Tennessee’s ELVIS Act, which protects music industry professionals’ voices from AI duplication. As new state AI laws emerge, the big question is which will draw the ire of the federal government. At this point, it is unclear which regulations the White House’s new AI litigation task force will view as “onerous.” For the time being, companies need to be prepared to comply with these new requirements.