California enacts laws to protect performers’ digital likenesses from AI exploitation
California has enacted two new laws aimed at safeguarding the digital representations of actors and performers from artificial intelligence.
These bills, which were signed by Governor Gavin Newsom on Tuesday, are intended to enhance protections for professionals in the film and audio sectors in the face of the rapidly changing AI landscape, according to a press release.
AB 2602 mandates that contracts clearly state when a performer’s voice or likeness can be utilized in AI-generated formats, requiring performers to have professional representation during contract discussions.
The second law, AB 1836, makes it illegal to commercially use the digital likenesses of deceased performers unless granted permission by their estate. This law aims to prevent the appearance of deceased actors’ work in various forms of media, like movies and video games, using materials from their lifetimes, added the press release.
“Many aspiring artists come to California, but often they are not adequately supported,” Newsom remarked in a video shared on X Tuesday. “With SAG and this new legislation, we’re ensuring that individuals can’t just hand over their likeness to exploiters without appropriate representation or union support.”
Legislation follows actors’ strike for AI safeguards
This new legislation aligns with the demands expressed by the Hollywood actors’ union SAG-AFTRA, which sought stronger protections against AI during the strikes that occurred last year.
“Having the state of California backing us in ensuring our likenesses are protected means everything,” stated SAG-AFTRA President Fran Drescher during the video with Newsom. “Your actions today will resonate with people worldwide facing threats from AI.”
The notable 118-day strike ended last November as performers advocated for improved pay and protections regarding AI.
“AI was a crucial issue,” Drescher stated in November. “If we couldn’t secure that agreement, what are we achieving to safeguard our members?”
Approximately 86% of the SAG-AFTRA national board supported the deal, which included benefits like pay increases and a “streaming participation bonus.”
Video game actors striking for AI regulations
Since July 26, voice actors and motion-capture performers in the video game industry have been on strike due to unproductive contractual negotiations concerning AI protections for their roles.
Discussions with major game developers such as Activision Productions, Electronic Arts, and Epic Games have been ongoing since their contract expired in November 2022.
“While agreements on various important topics have been reached for SAG-AFTRA members, employers are not willing to explicitly confirm with clear, enforceable language that they will protect all performers covered by this contract in their use of AI,” stated SAG-AFTRA in a press release.
Contributing: Bryan Alexander