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Creates penalties for likenesses altered or created by artificial intelligence being used for commercial gain; establishes a private right of action for the unlawful dissemination of still or video images generated by artificial intelligence.
NY S08721: Establishes penalties for AI-altered likenesses used for commercial gain and a private right of action for dissemination of AI-generated images.
If you use AI to create or alter likenesses for commercial purposes, you must obtain consent from depicted individuals or face legal penalties.
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What This Means
Creates penalties for likenesses altered or created by artificial intelligence being used for commercial gain. The bill establishes a private right of action.
Key Provisions
- Establishes penalties for unauthorized use.
- Allows individuals to take legal action for dissemination of AI-generated images.
- Verification needed for 'commercial gain' definition and exceptions like fair use.
Latest Legislative Action
REFERRED TO CODES
Bill Sponsors (showing 5 of 6)
| Name | Role |
|---|---|
| Alexis Weik R | Primary |
| CLEARE | Primary |
| COMRIE | Primary |
| HELMING | Primary |
| Timothy M. Kennedy | Primary |
Compliance Checklist
Who: Businesses using AI for commercial purposes.
Penalty: Liable for damages and profits from unauthorized use.
Who: Individuals claiming rights to a depicted individual's likeness.
Penalty: No cause of action for unauthorized use before registration.
Full Legal Analysis
Official Source
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Affected Industries
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