New York's digital replica contract law: what performers should know

The short version

• New York General Obligations Law § 5-302 makes certain digital replica clauses in services contracts void and unenforceable as contrary to public policy.
• The clause must let a replica replace work you would have done in person, lack a reasonably specific description of the intended use, and have been signed without the lawyer or union representation the law describes.
• It took effect January 1, 2025, for contracts entered into or modified on or after that date.

What the law does

The law applies to any provision in an agreement between an individual and another person or company for personal or professional services. Such a provision is void as it relates to a new performance by digital replication if it meets all of these conditions:

• It allows a digital replica of your voice or likeness to be created and used in place of work you would otherwise have performed in person.
• It does not include a reasonably specific description of the intended use. As in California, a missing description does not void the clause if the uses are consistent with the contract and with the fundamental character of the photography or soundtrack as recorded or performed.
• You were not represented by legal counsel who negotiated your digital replica rights, with licensing terms stated clearly and conspicuously in a separately signed or initialed contract or separate signed writing, or by a union whose collective bargaining agreement expressly addresses digital replicas.

New York's definition of a digital replica is a digital simulation of your voice or likeness so close that a layperson could not readily tell it apart from the real thing.

Who it protects

Individuals who sign agreements to provide personal or professional services. That includes actors, voice performers, singers, dancers, models and creators, whether or not they are union members.

What it means for you

Performers: If you sign a broad AI clause without the representation the law requires, New York treats that clause as void for new replica performances. Your other contract terms stay in place.

Representatives: Put digital replica licensing terms in a separately signed or initialed section or a separate signed document. The law specifically looks for that.

Producers and advertisers: Spell out how a replica will be used. Vague catch-all grants carry real risk under New York law.

What it doesn't do

• It only affects the digital replica provision, not the rest of the contract.
• It does not ban digital replicas or AI tools used with proper consent.
• It does not cover the use of a deceased performer's replica. That is addressed by New York Civil Rights Law § 50-f.
• It does not apply to contracts entered into before January 1, 2025, unless they were modified on or after that date.

Status and key dates

• December 13, 2024: Signed by Governor Hochul (S.7676-B, Chapter 581 of 2024).
• January 1, 2025: Effective, for contracts entered into or modified on or after this date.

Frequently asked questions

How is New York's law different from California's AB 2602? They are closely modeled on each other. New York's representation test specifically refers to terms in a separately signed or initialed contract or separate writing, and its definition of digital replica turns on whether a layperson could tell the difference.

Does the New York law apply to non-union performers? Yes. It applies to any individual in a services agreement. Union representation is one of the ways a clause can remain enforceable.

Does New York General Obligations Law 5-302 cover influencers? It covers agreements for personal or professional services, which can include creator and influencer deals. Whether a specific deal qualifies depends on its terms.

What you can do

• Search contracts for "digital replica," "AI," "digital double" or "simulation."
• Ask for a separate, signed rider that describes each intended use.
• Get a lawyer to negotiate replica terms, or confirm your union agreement covers them.
• Keep dated copies of the signed rider.

Royall helps you keep a record of what you have and haven't consented to.

Sources

• N.Y. General Obligations Law § 5-302: https://www.nysenate.gov/legislation/laws/GOB/5-302
• S.7676-B (2023–2024), bill page and history: https://www.nysenate.gov/legislation/bills/2023/S7676/amendment/B

Last verified: 2026-09-27

This is general information, not legal advice.