By Jonathan Baker While artificial intelligence (AI) is everywhere, every place, and used in nearly every professional function, has this technology reached a tipping point? Legal proceedings conducted at the end of last year have the creative world wondering. Life Imitating Art The year 2002 saw the release of a movie titled S1mone, featuring Al Pacino as a down-on-his-luck director who creates a virtual actress for completion of the movie he is working on when the leading lady (Winona Ryder) quits. This movie is classified as a “satirical science fiction comedy.” Then, as 2025 came to a close, this was no longer science fiction (and nobody’s been laughing). That’s because a similar real-life scenario took place. AI Goes Before the Court In the movie S1mone, Pacino utilizes AI to avoid legal issues. This past December, legal issues arose because of AI’s increased use (or misuse) in creative professional work. New York Governor Kathy Hochul signed two laws that demanded transparency and consent whenever AI is used in creating film, television, or advertising content. This milestone moment addressed both synthetic performers (i.e., AI-generated humans) and posthumous-likeness rights. Two very human organizations have inspired this legislation. SAG and AFTRA Take on AI Yes, this course of events is the result of lobbying by the Screen Actors Guild (SAG) and American Federation of Television and Radio Artists (AFTRA) in regulating the use of AI in creative content. Indeed, the AI-created “actress” named “Tilly Norwood” parallels the title character of S1mone and is one example of concern among members of SAG and AFTRA. What then, does this new legislation require? Full Disclosure and Full Rights Clear and definite guidelines have been established by Governor Hochul’s pursuit of these laws. As broken down by e-Marketer: The first law mandates full disclosure whenever ads feature synthetic performers (either created or altered by AI) so that viewers know in advance that the “person” appearing on screen is not a flesh-and-blood human being. To address posthumous-likeness rights, before a famous deceased person’s name, likeness, or exact image may be replicated via AI for commercial purposes AI, permission must be obtained from the deceased’s heirs or executors. In addition to the concerns from SAG and AFTRA, most of the adult population prefer film and video content that’s made by humans. Yes, AI is a valuable resource that works wonders on tasks such as special effects or film restoration, but the output from actors, writers, and anyone else in film and television creation must remain in place. In 2024, Rich DeSimone, VP of Creative at EGC, published this editorial on the importance of human-to-human connection. (This is especially relevant in the holiday season.) Takeaway Media companies are in something of a “regulatory limbo.” As observed by e-Marketer, New York must comply with the requirements of these two new laws. Will other states follow? Time will tell. In any event, new standards for producing content connected to entertainment and advertising are now in place. The prevailing belief is that all AI-generated or altered content will be closely monitored and founded on transparency. Will this new legislation impact how you apply AI to your brand’s visibility? Contact EGC Group. We can help you understand how to utilize this technology in ways that are creative, appropriate, and above all, responsible.
