New York · Assembly Bill · 2023-2024 Regular Sessions
AB8098
New York Assembly Bill 8098-A — An Act to amend the general business law, in relation to requiring publishers of books created with the use of generative artificial intelligence to contain a disclosure of such use

Status ● Failed Effective N/A Passage Likelihood L

WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE

How Is This Bill Enforced

Enforcement Authority
No enforcement mechanism specified in the bill text. The bill amends the General Business Law, which is generally enforced by the New York Attorney General.
Private Right of Action
No private right of action. Enforcement is exclusive to the designated authority.
Penalties
The bill does not specify any penalties, remedies, or damages for noncompliance.

What This Bill Requires

Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.

Statutory Text
Analysis & Obligations
Gen. Bus. Law § 338
Publishing of books; generative artificial intelligence disclosure
Publisher

(1) 1 Any book that was wholly or partially created through the use of generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" shall mean the use of machine learning technology, software, automation, and algorithms to perform tasks, to make rules and/or predictions based on existing data sets and instructions, including, but not limited to: (a) Any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets; (b) An artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; (c) An artificial system designed to think or act like a human, including cognitive architectures and neural networks; (d) A set of techniques, including machine learning, that is designed to approximate a cognitive task; and/or (e) An artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision making, and acting.Gen. Bus. Law § 338(3), published in this state, shall conspicuously disclose upon the cover of the book, that such book was created with the use of generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" shall mean the use of machine learning technology, software, automation, and algorithms to perform tasks, to make rules and/or predictions based on existing data sets and instructions, including, but not limited to: (a) Any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets; (b) An artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; (c) An artificial system designed to think or act like a human, including cognitive architectures and neural networks; (d) A set of techniques, including machine learning, that is designed to approximate a cognitive task; and/or (e) An artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision making, and acting.Gen. Bus. Law § 338(3).

(2) 1 Books subject to the provisions of this section shall include, but not be limited to, all printed and digital books, regardless of such books' target age group or audience, consisting of text, pictures, audio, puzzles, games or any combination thereof.

(3) For the purposes of this section, "generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" shall mean the use of machine learning technology, software, automation, and algorithms to perform tasks, to make rules and/or predictions based on existing data sets and instructions, including, but not limited to: (a) Any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets; (b) An artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; (c) An artificial system designed to think or act like a human, including cognitive architectures and neural networks; (d) A set of techniques, including machine learning, that is designed to approximate a cognitive task; and/or (e) An artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision making, and acting.Gen. Bus. Law § 338(3)" shall mean the use of machine learning technology, software, automation, and algorithms to perform tasks, to make rules and/or predictions based on existing data sets and instructions, including, but not limited to: (a) Any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets; (b) An artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; (c) An artificial system designed to think or act like a human, including cognitive architectures and neural networks; (d) A set of techniques, including machine learning, that is designed to approximate a cognitive task; and/or (e) An artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision making, and acting.

Section 338 creates a mandatory cover-disclosure obligation for any book published in New York that was wholly or partially created using generative AI. The obligation is framed passively — the book itself "shall conspicuously disclose" — rather than being pinned to a named obligated party such as a publisher, author, or distributor. This drafting choice leaves ambiguity about who bears compliance responsibility.

The scope of covered books is intentionally broad, encompassing all printed and digital books regardless of audience, including text, pictures, audio, puzzles, and games. The definition of generative artificial intelligence is expansive and tracks general AI definitions rather than limiting itself to content-generation models, which means even incidental use of AI tools in the book-creation process could trigger the disclosure requirement.

Compliance actions 1 item
1
Any book published in New York that was wholly or partially created using generative AI must conspicuously disclose on the cover that the book was created with the use of generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" shall mean the use of machine learning technology, software, automation, and algorithms to perform tasks, to make rules and/or predictions based on existing data sets and instructions, including, but not limited to: (a) Any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets; (b) An artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; (c) An artificial system designed to think or act like a human, including cognitive architectures and neural networks; (d) A set of techniques, including machine learning, that is designed to approximate a cognitive task; and/or (e) An artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision making, and acting.Gen. Bus. Law § 338(3). This applies to all printed and digital books regardless of target age group or audience, including books consisting of text, pictures, audio, puzzles, games, or any combination thereof.
T-02.1
Section 2
Effective date

This act shall take effect on the sixtieth day after it shall have become a law.

The act takes effect on the sixtieth day after it becomes law. No staged implementation or sector-specific phase-in is provided.

Passage Likelihood

Failed
Status Failed
Final action referred to consumer affairs and protection

Legislative History

2023-09-29 referred to consumer affairs and protection
2023-12-13 amend (t) and recommit to consumer affairs and protection
2023-12-13 print number 8098a
2024-01-03 referred to consumer affairs and protection

Entry Last Reviewed

2026-05-20
AI generated