Is AI already on it’s way out?
Ai laws for Ny & CA
I wish I could say I kept my finger on the pulse of current news, but I don’t. At the end of the day, I’m ready to get into my pajamas and bathrobe with a great book and let my brain take a pause.
So today, during an intro chat with someone who is looking for a shoot, imagine my surprise when he mentioned part of his reasoning for the shoot steamed from laws being passed regulating the identification of AI imagery.
I don’t think I need to embrace AI or risk becoming irrelevant nor fight AI tooth and nail. I’ve been keeping an eye on it, dabbling in it, learning its strengths and weaknesses, and creating however it makes sense to the clients.
As you’ve seen on my website, some 5-10 second videos are popping up in my portfolio that I’ve used AI to help me create from my work. Honestly, I’ve enjoyed creating these and it’s been a cost effective option for my clients who couldn’t get video on set. As a still image creator, I have motion I’d like to see in my mind. These gave me the opportunity to be a director with lighting I like (because I lit it).
The above video’s were both created with AI from images I took of e-commerce fashion photography. The models reviewed the videos and consented to me sharing them
So, what are the laws?
The California AI Transparency Act states: Starting August 2, 2026,
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All AI-generated content must include a visible “AI watermark” or label.
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Violations carry fines, starting at $5,000 per offense.
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The law likely applies to you if you sell products or have customers located in California.
The State of New York’s SB8420A states: Starting June 8, 2026,
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All AI-generated content with a human generated in it and its purpose is advertising or marketing (a product or service), it must include a visible “AI watermark” or label.
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Violations carry fines, starting at $1,000 for the first offense, $5,000 for additional offenses.
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The law likely applies to you if you sell products or have customers located in New York.
What does this mean?
The New York law means that if your images are being used in social media, advertisements, on your website, in emails, etc. etc. that New York residents see, you have to label it to avoid the fine.
The California law is similar but has a later effect date.
Additional states such as: Colorado, Illinois, Texas and Utah are currently working on AI legislation that is similar.
So how will it be enforced? Will it be enforceable at all? That’s a tough one. For now, it seems like a small price to pay to lean more into working with photography & videography that isn’t AI created or just labeling that it is.
My two cents are this: AI has been coming hard and fast into the image making world. The excitement of its offerings as a low cost shortcut to high value images now are stained by the required labeling. False price comparisons on major product photography and video websites toted insane savings by creating with AI instead of people.
It seems like this is a trend anyway with often the people excited about AI are the ones who want to use it. The consumers of products are polling as leary of it and many brands are swearing it off in the first place.
Labeling the visuals protects that consumer and honestly, I think it should be extended beyond just when humans are in the images. I don’t mind letting people know the video’s I played around with are AI created. They stem from my images so they are based on real humans. Real humans who get to view each video before anyone else and approve or reject them. That filter feels fair to everyone involved.
Today’s project that I quoted was a quick one. A couple hours in studio still life e-commerce photography and a quick 2 hour on location product lifestyle shoot to round out their needs. He heard my rates and proposal and asked to book right away. He was replacing the AI images on his website.
Work with Kate
Working together doesn’t feel anything like work. Friendships are forged, jokes are told, songs are sung and by the end of the day you’ve forgotten you were there to make the unforgettable images you now have.