Why Act 69 is broader than AB 723
California AB 723 carves out a "common edits" safe harbor for lighting, white balance, cropping, and exposure. Wisconsin Act 69 does not. The statutory language covers any "technology-altered" image used to market real property — which on its face captures the kinds of edits AB 723 deliberately excludes.
In practice, regulators are expected to interpret Act 69 in line with AB 723 for routine photography edits (lighting / color / cropping), but the statutory exposure is broader and gives DSPS more discretion. Realtors operating in Wisconsin in 2027 should plan for an "always disclose if AI was used" posture.
What you need to do by January 1, 2027
- Every AI-altered Wisconsin listing photo published on or after Jan 1, 2027, must carry disclosure of the alteration.
- Pair the altered image with an original unaltered version (best practice; statute does not strictly require parallel image, but the Wisconsin REALTORS Association is expected to recommend it).
- Update your E&O renewal application to disclose AI staging usage truthfully.
The universal disclosure phrase covers Wisconsin too
The standard SofaBrain disclosure phrase is forward-compatible with Wisconsin Act 69 — its wording ("This image has been digitally altered with generative AI virtual staging") satisfies the Act's broader "technology-altered" trigger.