New York's Synthetic Performer Law: What Video Editors Must Know

In June 2026 New York became the first U.S. state to pass a law requiring any AI-generated person in an advertisement to be clearly disclosed. For professional video editors working on commercials and client projects, this means building in a label or voiceover whenever a synthetic actor appears. Below we explain who counts as a “synthetic performer,” what disclosures are required (and what fines apply if you don’t), plus practical editing tips to keep your workflow compliant.

What is the Synthetic Performer Law?

The new New York law, effective June 2026, mandates that any ad featuring an AI-generated person must include a clear disclosure that an artificial actor was used (apnews.com). In other words, if your video replaces a live actor with a CGI or AI-created character, you must label it. Governor Kathy Hochul called it a “first-in-the-nation law” aimed at boosting transparency as “AI-generated performers are popping up across all forms of media” (apnews.com) (apnews.com). This was conceived as a “simple, honest disclosure” that “protects consumers [and] respects our creative workforce,” ensuring audiences aren’t misled by deepfake-style content (apnews.com).

Defining a Synthetic Performer

Under the statute, a “synthetic performer” is defined as “digitally-created media that appear as a real person.” In practice, this covers any lifelike AI-generated human or humanoid figure in your ad (apnews.com). That could be a fully CGI model of a person, a deepfake clone of a real actor, an AI-generated cartoon that looks photo-realistic, or even an AI voice that sounds convincingly human. If the character could reasonably be mistaken for a real person on screen, it qualifies. (By contrast, clearly animated or non-human digital characters are not the focus of this law.)

Scope of the Rule

The disclosure requirement applies to advertisements in any medium (apnews.com). This means TV commercials, web videos, social media ads, OTT/streaming spots, and pretty much any video or digital ad format. If your client’s commercial includes an AI person, that ad must be labeled. Note that audio-only ads are explicitly exempt – the law only covers visual content with synthetic performers (apnews.com). Also exempt are situations where AI is used solely for voice dubbing or translation; if you only used AI to translate a voice track into another language but didn’t create the person, you don’t need the label (apnews.com).

Required Disclosures

When a synthetic performer appears, the ad must include a conspicuous disclosure that an AI-generated actor is being shown. While the law doesn’t prescribe exact wording, a common approach is to add on-screen text saying something like “AI-generated actor” or “Computer-generated image” when the character is on screen. You could also include a voiceover line (for example, "featured AI-generated talent") in the narration. The key is that the label is noticeable – in plain sight and/or clearly audible to the viewer. The law specifically states that ads must “conspicuously disclose” any use of synthetic performers (apnews.com). In practice, this means the disclosure should not be tiny or hidden; place it where the audience will actually see or hear it.

Penalties for Non-Compliance

Failing to label a synthetic actor carries fines. Under the law, violations are subject to civil penalties: $1,000 for a first offense and $5,000 for each subsequent offense (apnews.com). While a single fine might seem modest in big advertising budgets, multiple violations (for example, if you run several unlabeled ads or edit multiple ads) can add up. Given this risk, it’s safest to integrate compliance into your process rather than try to fix it at the last minute.

Exemptions and Carve-Outs

The law provides several specific carve-outs. Most notably, movie trailers, TV show promos, streaming content previews, and video game advertisements that feature AI characters don’t need the label. These are treated as entertainment content, not as ordinary product ads (apnews.com). Also exempt are audio advertisements (like radio spots or podcasts) and any ad where the only AI use was translating or dubbing a human speaker into another language (apnews.com). Outside of these cases, however, virtually every other video ad – from brand commercials to social media promos – must include the disclosure if any AI person is on screen.

Why the Law Exists

The point of the law is to protect consumers and real performers from deception. By requiring clear labels, viewers know that the “talent” they see wasn’t a human actor but was generated by a computer. This prevents misleading deepfake-style marketing and ensures credit is clear. Actor groups like SAG-AFTRA supported the measure as a way to safeguard jobs and honest representation. Governor Hochul’s office emphasized that simple disclosure in ads “respects our creative workforce,” meaning it helps human actors gain proper recognition and protect their roles (apnews.com). In short, the law acknowledges the rise of AI in ads and insists on transparency so the audience isn’t fooled.

Industry Trends

New York’s law is the first of its kind in the U.S., but it reflects a broader trend. Around the world, regulators and industry groups are moving toward more disclosure of AI content. For example, South Korea announced that by early 2026 all AI-generated ads must be clearly labeled, and platforms will enforce those labels (apnews.com). In China, recent legislation requires social media and content platforms to tag or watermark AI-created media (including ads) so users can tell what’s real (www.tomshardware.com). Advertising industry organizations like the IAB have also released voluntary AI-Comply frameworks encouraging clear labeling in generative ads. In Europe, the upcoming AI Act (effective August 2026) will mandate that deepfake or AI-generated content on public-interest topics be clearly marked (digital-strategy.ec.europa.eu).

All of this means transparency is a growing focus. As an editor, you may soon see similar rules in other states or countries, or even on global platforms. Getting into the habit now of adding AI-disclosures will future-proof your workflow.

Impact on the Editing Workflow

For video editors, the new rule means adding a new step to your typical workflow. Whenever you receive footage or assets that include a synthetic person, flag it immediately. Plan to reserve space or time in your edit for the disclosure. In practical terms, you might create a separate timeline layer for the label text or for a quick voiceover. Treat the disclosure like any essential metadata – for example, similar to how you’d treat copyright captions or legal disclaimers.

During the editing process, keep a checklist: if a shot has an AI actor, then “Add AI label” should be on your to-do list. When revising cuts, double-check that you haven’t accidentally removed the disclosure. Essentially, build the label into your edit like you would a title or lower-third graphic. That way, even with tight deadlines and multiple feedback rounds, you won’t overlook this compliance item.

Practical Tips for Editors

• Label as early as possible. If the script or storyboard uses an AI talent, decide early how you will disclose it. For instance, add a placeholder graphic or text overlay in your timeline right at the start of the first AI-shot.
• Keep it simple and clear. A caption like “AI-generated actor” or “Contains computer-generated imagery” is usually sufficient. Use a legible font and contrasting colors (e.g. light text on a dark semi-transparent bar) to make it stand out.
• Timing matters. Leave the label on-screen for a few seconds at least, or even across the entire scene with the AI person. If using voice, have the narrator say the disclaimer early on and at a normal speaking volume.
• Use captions/subtitles. If your ad has spoken audio, consider using automatic captions for the disclosure line. This ensures that viewers who watch on mute or have hearing difficulties also see the message.
• Lock it in your timeline. Place the label on its own track and, if possible, lock or nest it so it won’t be accidentally trimmed. This way, any further edits to the footage automatically include the label.
• Communicate with the team. Let your client, director, or creative team know about the need for a label. This gives them a chance to approve the placement and language, and it avoids surprises when they see the final cut. Emphasize that it’s a legal requirement and that clear, unobtrusive labeling is an industry norm.
• Review at delivery. Before exporting your final ad, do a quick check (or have a buddy check) for any missed AI characters. It’s better to catch an unlabeled synthetic shot early than get hit with a fine later.

Common Issues & Fixes

• Label is too small or fast. Sometimes a disclosure is technically present but barely readable (tiny text) or shown for only a split second. Fix: Increase the font size and show it for at least a few seconds. Consider using an opaque background behind the text (a bar or box) to improve contrast.
• Label cut out in revision. When an editor makes quick cuts, the AI label overlay can get trimmed by accident. Fix: Place the label on a separate locked layer (or sequence) so it automatically tracks the shot length. Review each new cut specifically for the disclosure.
• Audio disclaimer drowned out. If you included a voiceover saying “this actor is AI-generated,” background music or sound effects might make it hard to hear. Fix: Lower the music volume during the disclaimer line, or repeat the on-screen text version. It’s okay to have both audio and text to ensure clarity.
• Not sure if content counts. Sometimes it’s unclear whether a figure is truly AI-generated or just computer-enhanced. Fix: Double-check with the producer or VFX artist. When in doubt, assume the label is safer. Erring on the side of transparency meets the law’s intent.
• Client resists the label. Clients may worry that labeling will “spoil the magic” of their spot. Fix: Explain that most audiences value honesty, and other codes (like “Paid Content” tags) are already common. You can style the label to match the video’s branding (font, color) so it feels intentional.

VIDIO Shortcut

VIDIO’s AI-powered editing tools can make compliance straightforward. For example:

• Text Overlay Tool. Quickly add on-screen labels like “AI-generated actor” with a single click. You can customize the font, size, color, and placement so the disclosure is both prominent and polished.
• Automatic Face & Voice Obfuscation. If you want to emphasize the difference or just play it safe, VIDIO can blur or mask faces with the Face Blur/Mask tool, and you can use the Voice Anonymizer to alter any synthetic voice. (These are extra layers of protection, though remember that a label is still required by law.)
• Auto-Captioning. If you choose to announce the disclosure in audio, VIDIO’s captioning feature can instantly generate subtitles for that line. This is handy for making sure hearing-impaired viewers see the message too.
• Batch Processing. Instead of editing each clip one-by-one, the platform’s wizard can apply text labels or blurs across multiple scenes or the entire project in one step. This saves time if you have several synthetic shots to tag.

Using these built-in features, you can stamp the required disclosures onto your ad with minimal effort. In practice, that means less time fiddling with layers and more time refining the creative – even when deadlines are tight. By taking advantage of smart overlay/censor tools, your edits stay on track and compliant without backtracking after the fact.