New York Says AI Performers In Ads Need A Label

New York has passed a new law requiring ads to clearly disclose when they use a “synthetic performer.” The law is expected to apply from June 9, 2026.

For influencers, this is worth watching. Creator marketing is no longer limited to a person filming a sponsored post on TikTok or Instagram. Campaigns can now involve AI avatars, synthetic voices, virtual presenters, AI-generated humans, translated versions of creator content, and ads that look like they feature a real person when they do not.

That is exactly the type of confusion the New York law is trying to address. The law does not ban synthetic performers. It does not say brands cannot use AI-generated people in ads. It says that when a covered ad uses a synthetic performer, the ad must clearly disclose that fact.

What Is A Synthetic Performer?

The most important term in the law is “synthetic performer.”

A synthetic performer is a digitally created or modified asset that makes it look like a human performer is appearing in a visual or audiovisual performance, even though that performer is not a recognizable real person. The law says this asset can be created, reproduced, or modified by computer, using generative AI or a software algorithm. In simple terms, it is an AI or computer-generated human-like performer used in an ad.

This definition focuses on a synthetic performer who is not recognizable as any identifiable natural performer. That means the law is not mainly about AI copies of specific celebrities, public figures, or influencers. It is more about synthetic human-like characters who may look real to viewers, but are not clearly a specific real person.

This distinction matters for influencers. Some creators do not appear online as themselves. They build their audience around an AI avatar, virtual character, or fictional persona with its own name, story, look, and content style. The real person behind the account may create the videos, write the scripts, manage the audience, and run the business, but the public-facing “performer” is an AI character that does not look like the creator in real life.

In that kind of case, the AI avatar may be closer to what the New York law calls a synthetic performer, especially if it appears in advertising and is not recognizable as a real natural person. If the avatar is used to promote products or services, the audience may need to know that the performer in the ad is synthetic.

By contrast, if an influencer creates an AI avatar that clearly looks like them, or a brand uses an AI-generated version of a recognizable influencer, that may be different. It may not fit the law’s “synthetic performer” definition in the same way, because the figure is recognizable as an identifiable natural performer. But that does not mean the use is risk-free. It may raise issues around consent, privacy, publicity rights, trademark, contract terms, and platform rules. The New York law also says it does not limit or reduce rights a person may have under New York Civil Rights Law sections 50, 50-f, 51, or other laws.

What Counts As AI Under The Law?

The law also defines “artificial intelligence” and “generative artificial intelligence.”

AI is described broadly as a machine-based system that can make predictions, recommendations, or decisions, including systems using machine learning, large language models, natural language processing, computer vision, and generative AI.

Generative AI is described as AI that can create synthetic content such as images, videos, audio, text, and other digital content.

For influencers, the practical meaning is simple: the law is not limited to one specific AI tool or one specific format. It is written broadly enough to capture many kinds of AI-generated ad content, especially visual and audiovisual content.

That matters because influencer campaigns are also moving in that direction. A campaign might use a real creator, an AI avatar, a synthetic voice, AI-generated product demos, animated human characters, or a mix of real and synthetic content.

What Does The Law Require?

If a person or company is in the business of dealing in any property or service, and produces or creates an advertisement for a commercial purpose, they must conspicuously disclose in the advertisement that a synthetic performer appears in it, if they have actual knowledge of that fact.

In plain English: if a business knowingly uses an AI-generated human-like performer in an ad, the ad needs a clear label.

The law also creates penalties. A first violation can result in a $1,000 civil penalty. Later violations can result in $5,000 penalties.

The word “conspicuously” is important. It means the disclosure should not be hidden in fine print, buried in a caption, or placed somewhere the viewer is unlikely to notice. The point is that an average viewer should be able to understand, at the time of viewing, that the person in the ad is synthetic.

What Is Not Covered?

The law includes several important exceptions. It does not apply to ads and promotional materials for expressive works, such as movies, television programs, streaming content, documentaries, video games, or similar audiovisual works, as long as the synthetic performer is used in a way that is consistent with the expressive work itself.

It also does not apply to audio advertisements, or where AI is used only for language translation of a human performer.

This is helpful context for creators. The law is not trying to regulate every creative use of AI, every fictional character, or every translated piece of content. It is focused on ads where a synthetic performer appears and the viewer should be told that the person in the ad is synthetic.

Why This Matters For Influencers

Influencers are part of this conversation because they are trust signals in digital advertising, whether they appear as themselves or through a public-facing avatar.

A viewer may trust an ad more if it looks like a real person is explaining, using, or recommending a product. That is also why synthetic performers can create risk. If an ad uses an AI-generated person who looks human, audience members may not understand whether they are seeing a real endorsement, a fictional character, or a synthetic marketing asset. This matters for influencers in several ways.

First, creators may increasingly compete with AI-generated performers in paid campaigns. Brands may use synthetic people instead of hiring human creators. That makes transparency important, because audiences should know when a “person” in an ad is not actually a real performer.

Second, some influencers may themselves operate through AI avatars or virtual characters. In that case, their public-facing persona may become the commercial asset. If that avatar is used in ads, licensing, sponsorships, or product promotions, creators should think carefully about how it is disclosed, who owns it, and how it can be used.

Third, creators may work on campaigns that include synthetic media. A brand might ask a creator to appear alongside an AI avatar, use AI-generated versions of campaign assets, or combine real creator content with virtual performers. If that campaign reaches New York audiences or is produced by a business subject to the law, disclosure may become part of the campaign workflow.

This is where contracts matter. Skala’s Influencer Marketing Agreement is designed for modern creator collaborations, including human influencers, AI-generated avatars, synthetic voices, synthetic media disclosure, AI-generated content, platform campaigns, usage rights, ownership, and clear campaign terms.

For influencers, that means the agreement can help define whether AI tools may be used, whether synthetic media appears in the campaign, who is responsible for disclosure, how the content can be edited or reused, and what happens if the campaign needs correction.

What Influencers Should Clarify Before Joining An AI-Driven Campaign

If a campaign uses a synthetic performer, the creator should understand whether the ad will include a clear disclosure, who will approve that disclosure, and who is responsible if the label is missing.

If the creator works through an AI avatar or virtual persona, the agreement should also clarify who owns that character, who can use its name and visual identity, whether the brand can reuse it after the campaign, and whether the audience must be told that the performer is synthetic.

If the creator’s own content is being combined with AI-generated assets, the agreement should explain whether the brand can edit, adapt, translate, animate, clone, or reuse the creator’s image, voice, content, or likeness.

This is especially important because synthetic media can travel far beyond the original post. A short creator video can be cut into paid ads, translated into another language, placed next to an AI avatar, or used in a campaign with synthetic performers. Without clear written terms, the creator may not know how their content, avatar, or audience trust is being used.