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NY S08721: Creates penalties for likenesses altered or created by artificial intelligence being used for commercial gain; establishes a private right of action …

In Committee New York · 2025–2026 session

Last verified Oct 12, 2026 · official bill text

S08721 · where it stands

1 of 5 steps complete
  1. Introduced In committee
  2. Passed first chamber
  3. Passed both chambers
  4. Enacted
  5. Effective
What do these statuses mean?
Introduced
Filed in the legislature; may be waiting for a committee hearing.
Passed a chamber
Approved by one or both chambers; awaiting further action.
Enacted
Signed into law, or became law without a signature or over a veto.
Effective date
The date the law says it takes effect. Once it has passed, the page shows "Effective" and the date. A court order can still block a law; if we know of one, the summary says so.
Dead / vetoed
Vetoed, failed, or the session ended without action.
View full title

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.

In one paragraph

New York's S 8721 would add Civil Rights Law § 50-h, barring use of a person's likeness altered or created by software, machine learning or AI for products, merchandise, advertising or solicitation without prior consent, with liability of the greater of $2,000 or compensatory damages plus profits. It would also add § 52-e, a private right of action over dissemination of digitized private images. Referred to Codes January 7, 2026; it has not passed either chamber.

Plain-English summary, written with AI assistance. The official text controls.

What it means for business

None yet: the bill is pending. If enacted, businesses could not use AI-altered or AI-created likenesses in advertising or products without consent, with liability of at least $2,000 or compensatory damages if greater, and websites could face removal orders.

Key provisions

  1. § 50-h: digitization means using software, machine learning, AI or other technology to adapt, modify, manipulate or alter a realistic depiction; use of the altered or created likeness in products, goods, advertising or solicitation requires prior consent
  2. Liability is the greater of $2,000 or compensatory damages, plus profits not counted in compensatory damages; punitive damages may be awarded
  3. Exemptions cover creative works and news, public affairs, sports and political campaign uses; rights can be transferred or inherited, and uses more than 40 years after death are excluded
  4. § 52-e: a person depicted in a digitized image taken with a reasonable expectation of privacy may sue someone who disseminates or threatens to disseminate it to harass, annoy or alarm; remedies include injunction, damages, costs and attorneys' fees
  5. A court may order a website to permanently remove an image within its control; action must be brought within three years of dissemination or one year of discovery, whichever is later
  6. Would take effect on the 90th day after becoming law

Latest legislative action

Jan 7, 2026. referred to codes

Sponsors (showing 5 of 6)

NameRole
R Primary
Primary
Primary
Primary
Primary

Topics and industries

Related topics

AI Likeness

Affected industries

MediaConsumer Protection

This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error

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Same topic in other states

Montana HB513 Revise laws related to use of name, voice, and likeness of individuals and penal New Hampshire HB1432 Relative to prohibiting certain uses of deepfakes and creating a private claim o Utah SB0256 Identity Protection Modifications Rhode Island S3338 Relating to Criminal Offenses -- Impersonation and Identity Fraud Tennessee HB2091 AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 14, Part 1 and Title Louisiana SB426 Provides for the Allen Toussaint Legacy Act.