New York S8391 (bans unauthorized AI digital replicas of deceased performers)
New York Deceased Performer Digital Replica Protection (S8391)
New York · N.Y. Civ. Rights Law § 50-f; L. 2025, ch. 616 (S8391/A8882)
- Status
- In effect
- Took effect
- December 11, 2025
- Applies to
- Any person who uses a digital replica of a deceased performer in a covered work and knows the use is unauthorized.
- Enforced by
- Enforced privately through the courts (no designated administrative agency).
This law makes it illegal to use a digital replica of a deceased performer in an audiovisual work, a sound recording, or a live performance of a musical work without consent from the appropriate rights holder. It applies when the user knows the replica is unauthorized. A deceased performer's estate or rights holder can sue, recovering the greater of $2,000 or their actual damages, plus any profits the violator made from the unauthorized use.
Who is protected: Deceased performers, through their estates and the rights holders who control their digital-replica rights.
Legal detail
N.Y. S8391 (2025) prohibits the knowing use of an unauthorized digital replica of a deceased performer in an audiovisual work, sound recording, or live performance of a musical work without rights-holder consent, and provides a private right of action for the greater of $2,000 or compensatory damages plus disgorgement of profits.
Key facts
| Jurisdiction | New York |
|---|---|
| Level | State |
| Strength | Moderate |
| Enacted | December 11, 2025 |
| Citation | N.Y. Civ. Rights Law § 50-f; L. 2025, ch. 616 (S8391/A8882) |
| Private right of action | Yes, individuals can sue |
| Penalties | Civil liability for the greater of $2,000 or compensatory damages, plus profits attributable to the unauthorized use; punitive damages may also be awarded. |
| Topics | deepfakes · AI-generated images |
| Bill text | NY State Senate Bill 2025-S8391 |
More AI rules in New York
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- NY Hochul EO — Statewide Data Center Moratorium (2026) · In effect
- New York Stealth Crawler Prohibition Act (2026) · Proposed / pending
- New York SAFE for Kids Act final rules (2026) · Enacted (not yet in effect)
- RealPage v. James — NY algorithmic rent ban enjoined (2026) · Blocked / in litigation
- NY PSC utility AI inquiry (Case 26-M-0552) · Enacted (not yet in effect)
Related deepfakes rules elsewhere
- Arkansas Frank Broyles Act AI amendment — voice and likeness protection (2025) · In effect
- Doe v. X.AI (Grok NCII deepfakes class action) · Blocked / in litigation
- xAI v. Harwood (Grok NCII Counter-Suit 2026) · Blocked / in litigation
- Arizona HB 2133 deepfake sexual content — vetoed 2026 · Vetoed
- Arizona HB 2678 — AI-generated CSAM criminalized · In effect
- MN HF 1606 AI Nudification Ban (2026) · In effect
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