New York S7676B (voids vague AI voice/likeness contract clauses)

New York Contracts for the Creation and Use of Digital Replicas (Gen. Oblig. Law 5-302) (S7676B)
New York · N.Y. Gen. Oblig. Law 5-302; L. 2024, ch. 569 (S7676B)

Status
In effect
Took effect
January 1, 2025
Applies to
Parties drafting or enforcing contracts that authorize creating or using an individual's digital replica.
Enforced by
New York courts (enforceability determined in contract disputes).

A contract clause that lets a company create or use an AI digital replica of a person's voice or likeness is unenforceable if it does not reasonably specifically describe how the replica will be used, unless the person had a lawyer or a union representing them when they signed. It is aimed at protecting performers from signing away their digital likeness in broad, vague terms.

Who is protected: Individuals (particularly performers) whose voice or likeness is the subject of a digital-replica contract provision.

Legal detail

Chapter 569 of the Laws of 2024 adds N.Y. Gen. Oblig. Law 5-302. A provision permitting the creation/use of a digital replica of an individual's voice or likeness in place of work they would otherwise perform is against public policy and unenforceable if it lacks a reasonably specific description of intended uses, unless the individual was represented by legal counsel or by a labor union whose CBA expressly addresses digital-replica uses.

Key facts

JurisdictionNew York
LevelState
StrengthModerate
EnactedDecember 2, 2024
CitationN.Y. Gen. Oblig. Law 5-302; L. 2024, ch. 569 (S7676B)
Private right of actionNo, agency enforcement only
PenaltiesUnenforceability: the offending contract provision is void and against public policy.
Topicsdeepfakes · AI hiring and employment
Bill textNY State Senate Bill 2023-S7676B

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