Hey, Warriors and Bosses!
New York has emerged as a pioneer in regulating artificial intelligence with its innovative Senate Bill 7676B, which addresses the creation and use of digital replicas. This landmark legislation, which took effect on January 1, 2025, responds to growing concerns about AI’s impact on performers and workers across various industries.
At its core, the law targets an increasingly common phenomenon in our digital age: the creation of AI-generated replicas that can simulate a person’s voice or likeness with remarkable accuracy. The legislation defines these “digital replicas” as simulations that would appear virtually indistinguishable from the authentic version to an average person. Think of it as creating a digital twin so convincing that most people couldn’t tell it apart from the original performer.
The law’s approach to protecting workers is particularly nuanced. It establishes three specific conditions that, when present together, will void a contract for digital replicas. First, the contract must allow for using the digital replica to replace work the person would typically perform in person. Second, it must lack a clear, specific description of how the digital replica will be used. Third, the individual must have negotiated without representation from either legal counsel or a labor union. This structure cleverly ensures that contracts missing one or two of these conditions remain valid, creating a balanced approach that protects workers while maintaining flexibility for legitimate uses of the technology.
The timing of this legislation is particularly significant as it follows closely on the heels of major developments in the entertainment industry. The Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA), representing approximately 160,000 media professionals, recently secured important protections regarding AI use in their latest agreement with Hollywood studios. Their December 2023 agreement, which runs through June 2026, established crucial guardrails for how studios can use AI-generated performances of union members.
The influence of union advocacy is clearly visible in New York’s new law. SAG-AFTRA’s guiding principles for AI use, which include fundamental rights like performer consent, usage limitations, and appropriate compensation, appear to have helped shape the legislative framework. The law essentially codifies many of the protections that unions have been fighting to secure through collective bargaining.
What makes this legislation particularly forward-thinking is its potential impact beyond the entertainment industry. For instance, the fashion industry is already seeing similar concepts appear in the New York State Fashion Workers Act, which specifically addresses digital replicas of models. This suggests a broader trend toward protecting workers across various sectors from potential misuse of AI technology.
The implications of this law extend far beyond its immediate scope. By setting clear boundaries around the creation and use of digital replicas, New York is essentially creating a template for how other states might approach AI regulation in the workplace. The law strikes a careful balance between fostering technological innovation and protecting workers’ rights, particularly those who might be vulnerable to exploitation through digital replication of their likeness or performance.
Looking ahead, this legislation might well represent the beginning of a more comprehensive framework for AI regulation in the workplace. As technology continues to evolve and digital replicas become even more sophisticated, the principles established by this law could help shape how we approach similar challenges in other industries and jurisdictions. The key will be maintaining the delicate balance between technological advancement and worker protection that this law strives to achieve.
Be Audit-Secure™!
Lisa Smith, SPHR, SCP
Note: This blog post is for informational purposes only and should not be construed as legal advice. Always consult with a legal professional for advice specific to your situation.
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Lisa Smith, SPHR, SHRM – SCP
Certified EEO Investigator (EEOC)
Lead Support and Content Chief – HelpDeskforHR.com
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