Cross-border informationRecently, a regulation in New York State, USA, regarding the use of AI-generated models/synthetic characters in advertising has officially taken effect. Simply put:If an advertisement uses AI-generated "synthetic performers" without labeling, the first violation may face a fine of $1,000, and subsequent violations can be as high as $5,000.
As soon as the news came out, the Amazon seller group was in an uproar - which of the main pictures, A+ pictures, and videos hasn't touched AI? Do you need to urgently change the pictures? What should it be changed to?
01
Amazon Sellers Scared by the New Regulation
Clause 3 of the Act: A person engaged in selling goods or services who creates or produces advertisements for commercial purposes and actually knows that there are synthetic performers in the advertisement must disclose it prominently in the advertisement.
Here is a key term, Synthetic Performer, which refers to those who look like real people but are actually AI-generated characters, displaying, performing, or participating in advertising content.
Excludes:
AI background replacement, AI color adjustment, AI light and shadow repair,AI image expansion
AI-generated kitchen/bathroom/living room environments
AI-generated pet/furniture/grass/pool backgrounds
AI removal of clutter or optimization of composition
Includes:
AI-generated human faces, full-body models
AI-generated characters holding products
AI-generated "buyer show" characters
AI-generated live-action style video narration
AI-generated "before/after use" character effect drawings
In other words, the use of AI in this bill is not illegal, and AI real people are the focus of supervision.
Looking at Clause 8 of the Act: newspapers, magazines, television networks, streaming services, billboards, transit advertisements, and other "advertising media" when publishing or disseminating illegal advertisements, this clause does not apply.
Many sellers are wondering if this clause has a practical impact on Amazon Listing pictures? Some sellers analyze: "In the context of Amazon, my understanding is: Amazon as a platform/media may not necessarily be the main target of fines; brand owners/sellers/advertising agencies/image production parties are more likely to be the main bodies responsible for compliance. If Amazon subsequently updates its advertising review policy, your advertising materials may be rejected, requested to be modified, or removed."
There are also sellers who specifically asked Amazon customer service, and the reply was: "The picture background, design, and copywriting are not within the scope of supervision. If a real model is used, the AI-generated scene is not within the scope of supervision. But if it is AI imitation of real people, then it falls within the scope of supervision."
02
Sellers: To Change or Not to Change
Is it necessary to immediately modify Amazon's main and secondary pictures, A+ pictures? When is it appropriate to change? This is a concern for sellers at the moment.
"Let the bullet fly for a while" - this is the attitude of some Amazon sellers at present:
"For now, Amazon hasn't issued a clear announcement saying that it needs to be modified, so I think it can be left untouched for the time being. If it really needs to be changed, there will definitely be an announcement in advance. Now most sellers have AI-generated pictures. If it cuts silently all at once, how many people will be affected?"
"Wait for Amazon's notice. Before any local regulations are implemented and the process is completed, wait for Amazon's notice. There is usually a buffer. Moreover, there is a full AI-made listing on the US Amazon, let's see how the big sellers handle it."
These sellers feel that once it is really fully implemented, Amazon is likely to issue unified requirements first, and it is unlikely to suddenly penalize sellers on a large scale; on the other hand, if the sky falls, there is a tall one to prop it up. Even the big sellers with full AI listings are not in a hurry, so why should small sellers worry?
Some sellers say "rather than waiting passively, it's better to take the initiative". They have already checked the "AI-generated" and "AI model" options in the A+ section picture details, and it is more cost-effective to prepare in advance than to respond passively. Amazon backend has opened these options.
A seller found that there is already an AI tag button to choose from in A+ today, but the main picture is still unknown. Some sellers also consulted the manager, who replied: "A+ and advertising pictures can be directly checked as AI submissions, but there is no position to check the main and secondary pictures yet. The main and secondary pictures are a big project. Our manager suggests waiting for another two days to see."
At present, sellers still have too many doubts about this bill:
"The main picture is a photo shot, but the facial features have been changed by AI and processed by PS. Does this need to be changed?"
"But if the AI picture is marked, it will definitely affect sales, right? Especially in the Fashion category... Almost all sellers use it."
"If AI cannot be used for drawing, or if AI drawing is indicated, will customers have AI resistance?"
At present, Amazon's official policy on this regulation has not been clearly stated, so sellers might as well let the bullet fly for a while.
Do you have AI-generated models or characters in your Listing pictures? Welcome to leave a message and tell us your coping strategies. We will continue to pay attention to Amazon's subsequent policy updates.
The information related to this article is for reference only and is not used as the basis for investment decisions
