AI & Synthetic Performer Disclosure Policy
Effective Date: August 23, 2026
At Ankh & Frequency, we believe in being intentional about what we create, what we represent, and how we communicate with the people who support our brand.
Technology—including artificial intelligence—can be a valuable creative tool. We may use AI-assisted tools in certain aspects of our creative, marketing, design, content development, and business operations.
At the same time, we believe you deserve to know when a person appearing in one of our advertisements is not an actual person.
This policy explains how Ankh & Frequency approaches AI-generated content and our commitment to transparency regarding synthetic performers.
1. Our Commitment to Transparency
We don't believe technology should be used to create confusion about what is real.
When our advertising or promotional content contains a synthetic performer that falls within applicable disclosure requirements, we will make that use clear and conspicuous to viewers.
Our goal is simple:
If a digitally created person is being presented as though they are a human performer, we'll tell you.
This policy is intended to support our compliance with applicable laws, including New York General Business Law § 396-b.
2. What Is a Synthetic Performer?
For purposes of New York law, a synthetic performer generally refers to a digitally created asset produced, reproduced, or modified through generative artificial intelligence or a software algorithm that is intended to create the impression that a human performer—who is not an identifiable real person—is appearing in a visual or audiovisual performance.
This can include certain AI-generated or digitally created models, avatars, or other human-like representations used in commercial advertising.
The law does not require disclosure merely because artificial intelligence was used somewhere in creating an advertisement. The disclosure requirement is focused on advertisements containing a synthetic performer when the advertiser has actual knowledge that such a performer is present.
3. When We Will Provide a Disclosure
When we knowingly use a synthetic performer in an advertisement where applicable law requires disclosure, we will use a clear and conspicuous notice.
Depending on the format and placement of the advertisement, our disclosure may use language such as:
AI-Generated Performer Notice: The person appearing in this advertisement was digitally created using artificial intelligence and does not represent an actual individual.
or:
This advertisement contains a synthetic performer generated using artificial intelligence.
The exact wording may vary depending on the advertisement and the platform on which it appears.
We will place disclosures in a manner intended to make them reasonably noticeable and understandable rather than hiding them in fine print or making them difficult to find.
New York's statute requires the disclosure to be "conspicuous" but does not prescribe one mandatory phrase, font, placement, or format. The legal guidance we have reviewed recommends considering clear-and-conspicuous advertising principles when determining how a disclosure should appear.
4. AI-Assisted Creative Content
Artificial intelligence may be used as a creative or production tool in areas such as:
- Brainstorming and concept development
- Written content and copy development
- Image editing or enhancement
- Background or environmental creation
- Graphic design assistance
- Product presentation concepts
- Marketing content development
- Photography and visual composition assistance
-
Other creative or operational tasks
The use of AI in one of these processes does not automatically mean that an advertisement contains a synthetic performer.
Where applicable, we evaluate the final advertisement and the way people or human-like representations are portrayed rather than assuming that every use of AI requires an AI disclosure.
5. Real People and Digital Representations
We recognize that AI-generated or digitally altered representations of people can raise issues beyond synthetic-performer disclosure requirements.
We do not intentionally use AI to impersonate, falsely represent, or create an unauthorized commercial likeness of an identifiable individual.
Where a real person's likeness, image, voice, identity, or other recognizable characteristics are involved, additional rights and legal considerations may apply, including publicity, privacy, intellectual-property, contractual, and other applicable rights.
6. Advertising & Social Media
This policy applies to our commercial advertising and promotional activities across channels where applicable, which may include:
- Our website
- Social media
- Paid digital advertising
- Online video
- Sponsored content
- Promotional graphics
- Email marketing
-
Other commercial marketing channels
New York's law is not limited to traditional television advertising and can apply to commercial advertisements in digital and other media.
7. When a Disclosure May Not Be Required
New York General Business Law § 396-b contains specific exclusions and exemptions.
Among other things, the statute does not apply to:
- Audio-only advertisements
- Situations where AI is used solely to translate the language of a human performer
- Certain advertisements or promotional materials for expressive works when the synthetic performer's use is consistent with its use in that expressive work
-
Certain publishers or distributors that merely publish or disseminate an advertisement created by another party, subject to the statute's provisions
Because the law is relatively new and regulatory or judicial guidance may develop, we may update our practices as additional guidance becomes available.
8. Our Review Process
When we create or approve advertising that may contain a digitally created human or human-like performer, we may review the content to determine:
- Whether a synthetic performer is present
- Whether the representation could reasonably appear to be a human performer
- Whether we have actual knowledge that a synthetic performer is being used
- Whether a disclosure is required
- Whether the disclosure is sufficiently clear and noticeable for the format
-
Whether additional rights, permissions, or legal considerations may apply
We may also maintain appropriate records regarding the creation and use of AI-generated advertising content.
9. Our Approach to AI
Artificial intelligence is a tool—not a replacement for authenticity.
At Ankh & Frequency, our creative direction remains human-led. Our brand, designs, messaging, and aesthetic are developed around the values that define us: energy, frequency, presence, intention, grounded masculinity, and connection to the world around us.
We use technology where it helps us create, communicate, and operate more effectively. We also believe that using technology responsibly means being honest about where it has a meaningful role in what you see.
No smoke. No mirrors. Just transparency.
10. Questions About AI-Generated Content
If you have a question about whether a particular advertisement or image contains AI-generated content or a synthetic performer, you are welcome to contact us.
Ankh & Frequency
Website: ankhandfrequency.com
Email: ankh@ankhandfrequency.com
11. Updates to This Policy
Artificial intelligence technology and the laws governing its use continue to evolve.
We may update this policy as our use of technology changes, as advertising platforms establish additional requirements, or as applicable laws and regulatory guidance develop.
When we make material changes, we will update the Effective Date at the top of this page.
Legal Notice
This policy describes Ankh & Frequency's current approach to AI-generated content and synthetic-performer disclosures. It is intended to provide transparency to our customers and visitors and should not be interpreted as legal advice or as a guarantee that every particular advertisement complies with every applicable law.
New York General Business Law § 396-b currently provides for civil penalties of $1,000 for a first violation and $5,000 for subsequent violations of its synthetic-performer disclosure requirement.
