New York Deceased Performer Digital Replicas (SB 8391)
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.
Enforcement and penalties
Civil damages available via private right of action.
Legislative history
How this law got here
Latest
signedSigned 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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