The New York Synthetic Performer Act is not coming — it's here. In force since 2024, with the first civil case filed in early 2025, it represents the clearest articulation yet of what independent fashion brands owe the humans who appear in their campaigns. And the law is broader than most brands realise.
The scope: who is a "performer"?
The Act defines performers broadly. A performer is any individual whose likeness, voice, or other identifiable characteristics appear in commercial imagery. This is not limited to professional models or entertainment performers in the traditional sense.
If a real person's likeness appears in your campaign — as a model, as an influencer in a partnership, as a real customer in a testimonial, as anyone — they are a performer for purposes of this law. The definition sweeps in the friend you photographed wearing your samples, the TikTok creator you gifted, and the professional model you hired through an agency.
What counts as a "synthetic likeness"?
This is where the Act is broader than most brands anticipate when they first hear about it.
Fully AI-generated models — synthetic persons created entirely by AI, with no real human source image — are covered even if the AI was not instructed to replicate any specific real person. If you use a tool like Midjourney, DALL-E, or similar to generate a photorealistic model and use that image commercially, the Act applies.
AI-altered real model imagery — photographs of real models that have been substantially altered by AI — is also covered. The Act does not draw a bright line between "normal retouching" and "synthetic alteration," but the legislative record and early guidance indicates that AI changes to body proportions, body shape, skin tone, or facial structure fall within the law's intended scope.
The question is not whether a human pressed a button. The question is whether AI generated or substantially altered the depiction of a human likeness for commercial purposes without explicit written consent.
Standard post-production retouching — colour grading, skin smoothing, background cleanup — is not the target. What the Act is designed to reach is the use of AI to create a version of a person that materially differs from who they are, used commercially without their knowledge or agreement.
The first case: what happened
In early 2025, a New York model agency filed the first known civil action under the Synthetic Performer Act. The allegation: a fashion brand used AI to substantially alter body proportions in a campaign — making models appear significantly thinner than they were during the shoot — without the models' written consent and without informing the agency.
The significance of this case extends beyond its specific facts. It confirms that the Act is being used, that model agencies are aware of it and prepared to enforce it on behalf of their talent, and that AI body alteration — not just full synthetic model replacement — is squarely in scope.
What written consent must include
The Act requires written consent before using a synthetic likeness commercially. That consent must be specific. Generic photography release language that doesn't address AI does not satisfy the requirement.
What must be in the consent agreement:
A description of the specific AI use contemplated — not "the brand may use AI" but "the brand may use generative AI tools to [specific uses] in [specific contexts]." The more specific, the better protected you are.
Separate consent for each material type of AI use. Consenting to AI background replacement does not cover consenting to AI body alteration. These are legally distinct uses and should be addressed separately in the agreement.
The right to revoke consent with reasonable notice. The Act requires this — performers cannot permanently waive this right.
Clear compensation terms for AI use of likeness. While the Act does not mandate a specific compensation structure, using a person's likeness commercially in AI-generated content without compensation creates vulnerability. Fair market value for the specific use is the standard.
What your model contracts need right now
If you are currently using AI in any aspect of your campaign production — retouching, background generation, product visualisation that incorporates model imagery, or anything that touches images of real people — your model contracts need to be reviewed and updated.
The specific additions needed:
AI use disclosure: A clause requiring the brand to notify the performer before any AI is applied to their image, with a description of the specific use.
AI alteration consent: Separate, explicit consent for body alteration, facial alteration, and synthetic extension uses — each clearly defined and separately acknowledged.
Revocation mechanism: A clear process for the performer to revoke consent, with specified notice periods.
Compensation structure: Specific compensation for AI uses that go beyond the original photography agreement, particularly for uses the original shoot was not intended to cover.
The overlap with other laws
The NY Synthetic Performer Act operates alongside California AB 2602 and SB 1287 and the FTC's AI disclosure requirements. These frameworks are compatible but not identical — consent under one does not guarantee compliance under another.
If you work with talent who are New York residents, California residents, or both (as most major fashion markets do), you need consent language that satisfies all three frameworks simultaneously. This is achievable in a single well-drafted agreement — but it requires deliberate drafting, not a standard boilerplate release with an AI paragraph added.