New York State has recently implemented a new law that regulates the creation and use of digital replicas of individuals’ voices or likenesses, which officially took effect on January 1. This legislation aligns with similar laws established in California and Tennessee, and aims to address the growing concerns surrounding the use of artificial intelligence in creating hyper-realistic digital representations.

According to the law, digital replicas are defined as digital simulations of a person's voice or likeness that are indistinguishable from the real thing to the average observer. This definition encompasses various applications of AI and digital media, highlighting the potential for misuse or exploitation of individuals’ identities.

Key provisions of the law include the stipulation that any contract governing the personal or professional services related to the creation of such digital replicas is rendered void if it does not explicitly specify the terms of use for the digital replica. Furthermore, if the individual represented in the contract was not represented by legal counsel or a labour union, the contract also lacks validity. This means that both contracts negotiated with legal counsel and collective bargaining agreements must include detailed provisions concerning the use of digital replicas to be enforceable under this law.

In light of the new legislation, companies engaging talent or utilizing third parties to create content, especially for marketing purposes, are advised to carefully consider the implications of this law. Companies must ensure that their contracts are compliant to avoid potential legal challenges in the future. The Nat Law Review indicated that as the landscape of AI continues to evolve, it is anticipated that other states may adopt similar digital replica laws by 2025, further shaping the regulatory environment surrounding AI and digital representations.

James O'Reilly, who contributed to the article, underscores the importance of understanding these regulations for businesses involved in talent engagement and digital content creation.

As the interaction between technology, law, and individual rights continues to evolve, organisations must remain vigilant and adapt their practices accordingly to navigate the complexities presented by advancements in AI automation.

Source: Noah Wire Services