Correction, 2026-10-02: we re-checked every legal statement against the bill and statute texts on the legislatures' own sites and replaced the law-firm and news sources we had used for legal points. We had called the Senate Judiciary Committee's June 18, 2026 action on the NO FAKES Act a "unanimous voice vote", citing a law firm; the official record says the committee ordered the bill reported favorably with a substitute amendment, and it has been on the Senate calendar since June 24, 2026. Several statements went further than the laws do: that commercial use of anyone's likeness needs permission everywhere, that a national campaign "has to clear the strictest state it touches", and that a look-alike "can create a false-endorsement claim". We now quote what New York law, California law and the federal Lanham Act say, and give the strictest-rule approach as advice. We had also left out conditions: New York's ad disclosure duty applies to a person in the business of dealing in the advertised property or service who has actual knowledge, and it covers only performers who are not recognizable as a real person; California's AB 2602 applies only to contract clauses that let a replica stand in for work the performer would otherwise have done in person. We removed unsourced claims that the rules changed "more than in the previous decade" and that the licensed-likeness market is "growing fast", added the EU AI Act's deep fake rule, and added a note that this page is general information, not legal advice.
Correction, 2026-09-30: we re-checked every legal claim against the bill text and state records. The two New York law names we used were a law firm's labels, not the statutes' titles; New York's and California's post-mortem changes target AI replicas in films and recordings, while advertising use already required estate consent; the NO FAKES Act's 10-year license and post-mortem limits were missing; California has since passed SB 1050; the YouTube and CAA deal (December 2024) is a detection tool, not a licensing deal; and the Val Kilmer link was broken. Fixed, with sources.
Putting a synthetic person or a real person's likeness in an ad now touches several layers of rules. New York and California already require consent before a living person's likeness is used in advertising, and both protect some deceased personalities too. Since 2024 both states have added rules aimed at AI: protections against unauthorized digital replicas of deceased performers and personalities in audiovisual works and sound recordings, and (New York since June 9, 2026, California from January 1, 2027) a duty to disclose AI-generated "synthetic performers" in ads. A federal bill, the NO FAKES Act, is waiting for a Senate floor vote and is not law. In the EU, the AI Act's deep fake disclosure rule applies from August 2, 2026. The practical direction for brand teams: get written permission before using a real person's likeness, disclose synthetic performers where the law requires it, and when a real likeness is not essential to the idea, use fictional synthetic performers or your own consenting actors.
This is general information, not legal advice. Laws change, bills move, and how a rule applies depends on your ad, the person depicted and where the ad runs. Check the current text of each rule (every one is linked in Sources, checked 2026-10-02) and ask a lawyer about your specific campaign.
The legal ground shifted, 2024 to 2026
In the US, using a real person's name, likeness or voice in an ad is governed largely by state law, and the rules differ from state to state. Two examples. New York's Civil Rights Law section 50 makes it a misdemeanor to use "the name, portrait, picture, likeness, or voice of any living person" for advertising or trade "without having first obtained the written consent of such person," and section 51 lets that person sue for an injunction and damages. California's Civil Code section 3344 makes anyone who "knowingly uses another's name, voice, signature, photograph, or likeness" for advertising "without that person's prior consent" liable for damages. AI generation makes it easy to produce a convincing likeness or voice from a text prompt, and lawmakers have started writing rules for that case.
The federal proposal is the NO FAKES Act of 2026 (S. 4591), introduced in the Senate on May 20, 2026. The official record on Congress.gov shows that on June 18, 2026 the Senate Judiciary Committee "Ordered to be reported with an amendment in the nature of a substitute favorably." The bill was reported on June 24, 2026 and placed on the Senate Legislative Calendar (Calendar No. 446), which was still its latest action when we checked on 2026-10-02. The House version, H.R. 8915, was introduced the same day and referred to the House Judiciary Committee, with no later action recorded. The bill has not passed either chamber. It is not law.
As reported to the Senate, the bill would give each individual, defined as "a human being, living or dead," the right to authorize the use of a "digital replica" of their voice or visual likeness. A digital replica is "a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual" in a recording, image, audiovisual work or transmission in which the person "did not actually perform or appear," or in which their performance was materially altered. Making such a replica available to the public "without authorization by the applicable right holder" would create civil liability; for anyone other than an online service, that requires "actual knowledge" (or willfully avoiding knowledge) that the material is an unauthorized digital replica. Three features matter for advertisers:
- It covers everyone, not just celebrities, because the right belongs to every individual.
- It is licensable, with limits. While the person is alive, a license is valid only for up to 10 years, and only if it "is in writing and signed" and "includes a reasonably specific description of the intended uses" of the replica (these two clauses do not apply to a license governed by a collective bargaining agreement that addresses digital replicas). After death, the right holder's right lasts 10 years, renewable for 5-year periods if the right holder shows "active and authorized public use" of the likeness in the 2 years before the period ends and files a notice with the Register of Copyrights, and it ends no later than 70 years after death.
- Its exclusions are specific. They cover a "bona fide news, public affairs, or sports broadcast or account," documentary, historical or biographical portrayals, "bona fide commentary, criticism, scholarship, satire, or parody," uses that are "fleeting or negligible," and ads for those works when the replica is relevant to them. An ordinary product ad is not on that list.
If enacted, the bill would take effect 180 days after enactment, and liability would apply only to conduct after enactment.
States already moved
State laws already apply, so there is no reason to wait for Congress.
New York.
- Civil Rights Law section 50-f protects deceased personalities who were domiciled in New York at death. "Any person who uses a deceased personality's name, voice, signature, photograph, or likeness" for advertising or selling "without prior consent" from the rights holders is liable for damages. The 2020 law that created the section (chapter 304 of 2020) applies to people who died on or after its effective date, the 180th day after it was signed on November 30, 2020 (May 29, 2021), and no action can be brought for a use more than 40 years after death.
- S.8391/A.8882 (chapter 616 of 2025, signed December 11, 2025, "This act shall take effect immediately") rewrote the section's digital replica rule. Anyone who uses a deceased performer's digital replica "in an audiovisual work, sound recording, or for the live performance of a musical work, with knowledge that the use was of a digital replica and was not authorized by the applicable right holder" is liable if the use occurs without prior consent. The amendment deleted the old rule that let a user avoid liability with a "conspicuous disclaimer" saying the use was not authorized.
- General Business Law section 396-b (S.8420-A/A.8887-B, chapter 617 of 2025) took effect on the 180th day after it was signed on December 11, 2025, and the Governor's office announced on June 9, 2026 that it "is now in effect." Any person "engaged in the business of dealing in any property or service who for any commercial purpose produces or creates an advertisement" for it must "conspicuously disclose in such advertisement that a synthetic performer is in such advertisement, where such person has actual knowledge." A synthetic performer is a digitally created asset, made with generative AI or a software algorithm, that is "intended to create the impression" of a performance by "a human performer who is not recognizable as any identifiable natural performer." The penalty is "one thousand dollars for a first violation, and five thousand dollars for any subsequent violation." The law does not apply to audio ads, to AI used "solely" for "the language translation of a human performer," to ads for expressive works such as films and video games when the synthetic performer is used the same way as in the work, or to the media that publish the ads.
California.
- Civil Code section 3344.1 requires consent from the rights holders for using "a deceased personality's name, voice, signature, photograph, or likeness" for advertising or selling. No action can be brought for a use more than 70 years after death, and the section applies to acts "occurring directly in this state."
- AB 1836 (chapter 258 of 2024, effective January 1, 2025) added a digital replica rule to that section: a person who "produces, distributes, or makes available the digital replica of a deceased personality's voice or likeness in an expressive audiovisual work or sound recording without prior consent" is liable for the greater of $10,000 or the actual damages. Exceptions include news, public affairs or sports, "comment, criticism, scholarship, satire, or parody," documentary or biographical portrayals, and uses that are "fleeting or incidental."
- SB 1050 (Business and Professions Code section 17610, chapter 246 of 2026, approved by the Governor on September 16, 2026) makes it unlawful "to create and cause to be published in an advertising medium an advertisement that prominently includes a synthetic performer without a clear and conspicuous disclosure that the advertisement includes a synthetic performer." The wording must be "substantially similar to 'this performance features a synthetic performer' or 'no human performer is depicted.'" California's definition covers "a digital figure, voice, or representation" of "a human performer who is not recognizable as any identifiable natural person," so unlike New York's it also reaches voices. The bill sets no special start date; under the California Constitution a regular-session statute takes effect "on January 1 next following a 90-day period from the date of enactment," which makes it January 1, 2027.
Note who the two disclosure laws are written for: a performer who is not recognizable as an identifiable real person ("natural performer" in New York, "natural person" in California). If your ad shows a recognizable real person, a label is not where the risk sits; the first question is consent under the publicity laws above.
For a campaign that runs in several states, a cautious approach is to build to the strictest rule that applies and confirm with counsel. A synthetic performer that needs no label in one state may need one in New York now, and in California from January 1, 2027. Our guide to disclosing AI-generated ads covers the platform label rules as well.
EU: deep fakes need a disclosure from August 2, 2026
If your ads run in the EU, Article 50(4) of the AI Act (Regulation (EU) 2024/1689) says: "Deployers of an AI system that generates or manipulates image, audio or video content constituting a deep fake, shall disclose that the content has been artificially generated or manipulated." A "deep fake" is "AI-generated or manipulated image, audio or video content that resembles existing persons, objects, places, entities or events and would falsely appear to a person to be authentic or truthful." Article 113 sets the date: "It shall apply from 2 August 2026," and Chapter IV, which contains Article 50, is not among its exceptions. Article 50(4) is a disclosure duty; it says nothing about consent. Whether a specific ad is a deep fake depends on the content and the context, which is a question for a lawyer in the countries you run in.
The licensed-avatar economy is forming
The other side of tighter rules is a market for licensed likeness, and it is where the opportunity is for brand teams.
Rights holders are licensing likeness for AI use under controlled terms. On May 27, 2026, ElevenLabs announced a partnership with Stan Lee Universe that put Lee's voice on its Iconic Marketplace. Visuals that users make with Lee's likeness are for "personal, non-commercial use only," and "Licensed commercial use of his likeness is available through the Stan Lee Universe team via ElevenLabs." In film, Variety reported on April 15, 2026 that, with the cooperation of Val Kilmer's estate and his daughter, the makers of As Deep as the Grave used generative AI to include the actor, who died in 2025, and the filmmakers said they compensated the estate.
The enforcement side is forming alongside it. On December 17, 2024, YouTube announced a partnership with CAA around technology to "identify and manage AI-generated content that features their likeness" on YouTube, with removal requests through YouTube's privacy complaint process. On October 14, 2025, Loti AI announced that the IP manager CMG Worldwide would use its technology for "continuous monitoring, detection, and takedown capabilities to prevent unauthorized reproductions and impersonations of its clients' images and voices."
Contracts are changing too. California's Labor Code section 927 (AB 2602, chapter 259 of 2024, effective January 1, 2025) makes a clause in a personal-services contract unenforceable, for new performances fixed on or after January 1, 2025, when the clause allows a digital replica of the person's voice or likeness "in place of work the individual would otherwise have performed in person," lacks "a reasonably specific description of the intended uses" (unless the uses are consistent with the contract and with the fundamental character of the performance as recorded), and the person was not represented by a lawyer who negotiated the replica license or by a union whose collective bargaining agreement expressly addresses digital replicas. The NO FAKES bill would also require licenses to describe intended uses.
The never-do list
These are the lines a brand team should not cross in 2026, wherever the law ends up.
- Never put a recognizable real person in an ad without written permission. New York requires written consent for using a living person's likeness for advertising (Civil Rights Law section 50), California requires prior consent (Civil Code section 3344), and both require rights-holder consent for some deceased personalities (sections 50-f and 3344.1). Other states have their own rules, so get the permission in writing and have counsel check it for every market you run in.
- Never imply an endorsement you have not secured. Avoid look-alikes and sound-alikes engineered to evoke a specific person. Besides the publicity laws, the federal Lanham Act (15 U.S.C. 1125(a)) makes liable in a civil action anyone who uses in commerce "any word, term, name, symbol, or device" or a false or misleading representation of fact that "is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval" of their goods. Whether a given look-alike crosses that line is a question for counsel.
- Never skip disclosure where it is required. New York (now) and California (from January 1, 2027) require ads to disclose synthetic performers, and in the EU deep fakes must be disclosed from August 2, 2026.
- Never reuse a likeness beyond the license terms. Read the grant: if it covers one campaign, market or medium, treat anything else as needing a new grant. Ask for de-aging, voice cloning and other derivative uses to be named in it explicitly.
- Never assume a model's output is cleared. A model that generates a face tells you nothing about whether you have the right to run it in an ad. Clearing rights is the advertiser's job.
What this means for brand teams
The synthetic-talent conversation splits into two very different practices, and conflating them is where brands get in trouble.
The first is fully synthetic, fictional talent: an AI avatar that is not based on any real person. This is the simpler path. A fictional presenter you create and control is not anyone's likeness, can be reused across campaigns, and can be localized and versioned. The obligations that remain are the synthetic-performer disclosures where they apply (New York now, California from January 1, 2027) and making sure the result does not end up resembling a real person. For brands that want a consistent on-screen presence, it is often the practical choice.
The second is real-person likeness, whether a living celebrity or a deceased icon. This is licensing territory. A licensed digital version of a celebrity can appear in more markets and variants than one shoot allows, but only inside a negotiated grant that spells out what you may generate, where it may run and for how long. Budget for the license and the legal review, not just the generation.
The common thread: generation is the cheap, fast part. What protects the brand is the rights work, the disclosure and the clearance. Build them into the workflow from the first frame, treat licensed and fictional talent as two separate tracks, and default to your own consenting actors or fully fictional avatars whenever a real likeness is not essential to the idea.
FAQ
Is this page legal advice?
No. It is general information about bills and laws as their official texts read on 2026-10-02. Laws change, and how they apply depends on the facts. Check the current text of each source below and ask a lawyer about your specific ad and the places it will run.
Is it legal to use an AI-generated celebrity in an ad in 2026?
Not without permission in the states covered here. New York requires a living person's written consent for advertising use of their likeness, and California requires their prior consent; for some deceased personalities, both states require consent from the rights holders. Other states have their own laws. The federal NO FAKES Act would add a national right over digital replicas, but as of 2026-10-02 it is waiting for a Senate floor vote and is not law. A celebrity look-alike can also raise false-endorsement questions under the federal Lanham Act. Get a written license and have counsel review it.
Is the NO FAKES Act law?
No. S. 4591 was introduced on May 20, 2026, ordered reported by the Senate Judiciary Committee on June 18, 2026, and placed on the Senate calendar on June 24, 2026. The House version, H.R. 8915, has been in the House Judiciary Committee since May 20, 2026. Neither chamber has passed it.
Do I have to disclose that a performer in my ad is AI-generated?
In some places, yes. New York's General Business Law section 396-b, in effect since June 9, 2026, requires a person in the business of dealing in the advertised property or service who produces or creates the ad to "conspicuously disclose" a synthetic performer they have actual knowledge of. California's SB 1050 requires a "clear and conspicuous disclosure" from January 1, 2027 when an ad prominently includes one. Both laws are written for performers who are not recognizable as an identifiable real person. In the EU, Article 50(4) of the AI Act requires disclosing deep fakes from August 2, 2026. Our guide on disclosing AI-generated ads covers the platform rules too.
Can I use a deceased celebrity's likeness if I get the rights holders' permission?
Permission from the right people is what New York and California require, and licensed deals like Stan Lee Universe's with ElevenLabs show how it works in practice. Check who holds the rights (in California and New York that depends on contracts, wills and trusts, and otherwise on the heirs the law names), make sure the license names AI reproduction and any derivative uses like de-aging or voice cloning, and remember that the New York and California disclosure laws are written for performers who are not recognizable as a real person, so a label does not replace consent. Ask counsel about the states and countries you run in.
Sources
- NO FAKES Act of 2026, S. 4591: actions on Congress.gov (read through the official Congress.gov API, latest action June 24, 2026); bill text as introduced and as reported to the Senate, GPO, introduced and GPO, reported; House version H.R. 8915: Congress.gov, checked 2026-10-02
- New York Civil Rights Law sections 50, 51 and 50-f: section 50, section 51, section 50-f; chapter 304 of 2020 (S.5959-D): NY Assembly, checked 2026-10-02
- New York S.8391/A.8882 (chapter 616 of 2025): NY Assembly; Governor's release of December 11, 2025, checked 2026-10-02
- New York General Business Law section 396-b (S.8420-A/A.8887-B, chapter 617 of 2025): NY Assembly; Governor's announcement of June 9, 2026, checked 2026-10-02
- California Civil Code sections 3344 and 3344.1: section 3344, section 3344.1; AB 1836 (chapter 258 of 2024): bill history, checked 2026-10-02
- California Labor Code section 927 (AB 2602, chapter 259 of 2024): section 927, bill history, checked 2026-10-02
- California SB 1050 (chapter 246 of 2026): bill text, bill history; California Constitution, Article IV, Section 8: leginfo, checked 2026-10-02
- Lanham Act, 15 U.S.C. 1125(a): GPO, United States Code, checked 2026-10-02
- EU AI Act, Regulation (EU) 2024/1689, Articles 3, 50 and 113, consolidated text of 27 July 2026: EUR-Lex, checked 2026-10-02
- ElevenLabs, "Introducing Stan Lee on ElevenLabs Iconic Marketplace" (May 27, 2026): elevenlabs.io, checked 2026-10-02
- Val Kilmer and As Deep as the Grave: Variety, April 15, 2026, checked 2026-10-02
- YouTube, "Partnering with Creative Artists Agency on responsible AI tools for talent" (December 17, 2024): YouTube Blog, checked 2026-10-02
- Loti AI and CMG Worldwide (October 14, 2025): Loti AI release, checked 2026-10-02
This page is general information, not legal advice.
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