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.
Impact
If enacted, S08721 would significantly strengthen the privacy rights of individuals in commercial contexts. It directly impacts state laws by clarifying and enforcing rights related to a person's likeness in circumstances involving artificial intelligence. This would likely lead to a ripple effect across various industries including advertising, media, and content creation, making companies more accountable for the use of images and likenesses. Moreover, it emphasizes consent, thus potentially reshaping the relationship between digital creators and individuals whose likenesses they wish to utilize.
Summary
Bill S08721 aims to amend New York's civil rights law by establishing firm regulations regarding the use of likenesses altered or created through artificial intelligence for commercial purposes. It introduces a new section, 50-h, which defines key terms such as 'depicted individual' and 'digitization.' The bill stipulates that any person using a digitized likeness without prior consent from the individual depicted would be liable for damages. This creates a private right of action for individuals whose likenesses are exploited unlawfully.
Contention
While the bill is positioned to protect individuals' rights, it may also invite debate regarding its implications for freedom of expression and the creation of transformative works. Critics might argue that the stringent requirements for obtaining consent could hinder creative processes in industries reliant on digital content. There could also be concerns about the potential for the bill to conflict with existing laws on speech and reproduction, leading to litigation over interpretations of consent and likeness related to artistic expression.
An Act to Protect Individuals from the Threatened Unauthorized Dissemination of Certain Private Images, Including Artificially Generated Private Images