The New York Digital Replica Law (S8391) strengthens the state’s postmortem right of publicity for deceased performers. It prohibits using a computer-generated, highly realistic digital replica of a deceased performer’s voice or likeness without prior consent from the estate. The law has been in effect since December 11, 2025.
What the New York Digital Replica Law Changed
The ban covers audiovisual works, sound recordings, and live performances. Previously only a disclaimer was required; now consent is mandatory.
Who Needs to Clear Rights
Studios, music companies, and advertisers using AI to recreate deceased artists must clear rights with the estate first. The law was signed December 11, 2025 as Chapter 616 and took effect immediately.
The change turns estate clearance into a hard prerequisite rather than a courtesy. Advertising and entertainment teams should build estate consent into project timelines before any AI recreation work begins.
Source: New York State Senate: S8391
Report a violation: If you believe a business is violating this law, you can file a complaint with the New York Attorney General Consumer Frauds and Protection Bureau.
