New York Deceased Performer Digital Replicas (SB 8391)

NYFor all AI companiesLowseverityIn effect

In effect since

Overview

Amends the Right of Publicity law to protect digital replicas of deceased performers. Provides civil remedies for unauthorized AI-generated replicas of deceased individuals for commercial purposes.

This is an AI-specific state law.

New York AI regulation guide lists every tracked rule for this jurisdiction with timelines and obligation tallies.

Who this applies to

This regulation applies to both companies that build AI products and companies that use AI tools from other vendors.

AI categories covered

  • Consumer-facing AI
  • General purpose AI

Specific AI use cases:

  • Content generation

What this requires you to do

  • Prohibited practices

    Prohibited practices. Review this obligation in the source text.

  • Consent required

    Obtain consent. Get explicit permission from individuals before collecting or using their data with AI.

    Obligation explainer: Consent

Enforcement and penalties

Civil damages available via private right of action.

This regulation includes a private right of action, which means individuals can file lawsuits directly. This significantly increases litigation risk.

Legislative history

How this law got here

  1. Latest

    signed

    Signed by Governor Hochul (effective immediately)

    Earliest

Source

Read the full text

https://www.nysenate.gov/legislation/bills/2025/S8391

Last verified: April 9, 2026

Always verify current language and amendments at the official source.

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