California Governor Gavin Newsom has signed two bills into law that will protect actors and performers from unauthorized AI clones.
On Tuesday, Newsom signed two laws that will protect actors from AI replicas of their likeness or voice being used without their consent.
The first bill AB 2602 bars contract provisions that facilitate the use of a digital replica of a performer in a project instead of an in-person performance from that human being, unless there is a “reasonably specific” description of the intended use of the digital replica and the performer was represented by legal counsel or a labor union in negotiations.
Meanwhile, the second bill AB 1836 requires entertainment employers to gain the consent of a deceased performer’s estate before using a digital replica of that person. The new law refines an “expressive works” exemption from the state’s existing postmortem right of publicity laws that entertainment companies otherwise could have pointed to in an era of AI digital replicas.
Highly Controversial Technology
The ability of filmmakers to use AI technology to create digital replicas of actors or deceased performers is still relatively new — and highly controversial.
Last year, SAG-AFTRA, the actors’ union that represents 160,000 entertainment industry professionals, had a four-month-long strike against Hollywood studios — with AI being a major sticking point. Actors were concerned that Hollywood studios would create AI replicas of them in perpetuity without their consent.
Newsom’s new legislation has the support of SAG-AFTRA as well as the California Labor Federation. According to The Hollywood Reporter, Governor Newsom visited the Los Angeles headquarters of performers’ union SAG-AFTRA on Monday to officially greenlight bills AB 2602 and AB 1836.
“We continue to wade through uncharted territory when it comes to how AI and digital media is transforming the entertainment industry, but our North Star has always been to protect workers,” Newsom says in a statement.
“This legislation ensures the industry can continue thriving while strengthening protections for workers and how their likeness can or cannot be used.”
This week, the California Governor signed some of the toughest laws against AI-generated content in the U.S. yet — including legislation that makes it illegal to create deepfakes related to the 2024 election.
