California has passed a new law on synthetic performers, and it asks for stricter disclosure than New York's similar law. It also applies to a narrower set of situations. A law firm, McDermott Will & Schulte, published the comparison.
What the law covers
A synthetic performer is an AI-generated person made to look like a real one. Think of a digital actor in an ad or a video. The California law is about when and how people must be told that such a performer is not real.
How it differs from New York
- California asks for stricter disclosure than New York's law.
- California covers a narrower set of situations than New York's rules.
- The two states do not line up neatly, so one approach may not fit both.
Who it affects
Any business that uses AI-made people in marketing or video should pay attention. That includes companies that hire agencies or use AI tools to make ads. The state whose rules apply, and how clearly a label must appear, can change what you are allowed to publish.
What is not known yet
The material available does not give the exact wording of the labels, the penalties, or the date the law takes effect. It also does not list which situations California covers or leaves out. Those details are worth checking in the full text of the law or with a lawyer before relying on this summary.
The takeawayIf your business uses AI-made people in ads or video, check which state's rules apply and how clearly you must label them.