Sacramento, CA – California has positioned itself at the forefront of safeguarding performers in the era of generative artificial intelligence. Governor Gavin Newsom signed two landmark bills into law on September 17, 2024, strengthening the rights of both deceased and living performers against unauthorized uses of their digital likenesses or voices.
These groundbreaking legislations, Assembly Bill 1836 and Assembly Bill 2602, address the increasing use of AI to create eerily realistic digital replicas in film, music, and television, which could potentially exploit performers’ likenesses without their consent. The new laws, which are scheduled to take effect starting January 1, 2025, were introduced amidst escalating concerns among actors, musicians, and other performers about the potential misuse of their images and voices by emerging AI technologies.
AB 1836 specifically targets the digital recreations of deceased performers, prohibiting the exploitation of their persona without obtaining consent from the respective estates. This bill expands upon California’s existing laws which previously only covered unauthorized commercial uses of a deceased personality’s name or likeness. The new legislation establishes that violations may lead to compensation claims by the affected estates, which could include damages greater than $10,000, depending on the specific circumstances.
On the other hand, AB 2602 focuses on contracts related to living performers, banning clauses that would allow using performers’ AI-generated images or voices without clear, informed consent and adequate representation. This responds to concerns about overly broad contractual rights that could force performers to cede control of their digital replicas.
Support for these bills came from major unions and entertainment industry groups, including the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA). These organizations have expressed relief and support at the new protections, highlighting how essential these regulations are in ensuring fair treatment and compensation for performers.
The definition of “digital replicas,” as detailed in the bills, includes any computer-generated, highly realistic copies of an individual’s voice or likeness meant to substitute for actual performances. Both pieces of legislation also account for exemptions where digital replicas might be used, such as in news reporting, commentary, parody, or historical presentations, provided they do not falsely imply authenticity.
The discussions around these bills were particularly vibrant, reflecting growing anxieties over AI’s role in potentially reshaping the entertainment industry. Legal experts have highlighted how such laws are significant developments in the intellectual property arena, responding adeptly to technological advancements.
Additionally, the focus on digital replicas and the ethical use of AI is part of a larger legislative movement in California. Following these two bills, Governor Newsom further signed legislation targeting other aspects of AI ethics, including requirements for AI platforms to report the origin of generated content and criminalizing the distribution of sexually explicit digital content created without consent.
These measures come as a prelude to potentially more sweeping federal legislation, with the NO FAKES Act proposing similar rights at a national level. Such legislative efforts demonstrate a significant shift toward robust legal frameworks accommodating the rapid evolution of artificial intelligence technologies while protecting individual rights.
The introduction of these laws marks a significant moment for California, setting a precedent for other states and possibly at a federal level. As technology continues to evolve, the legal system is adapting, offering a blueprint for how other jurisdictions can protect citizens and artists in an ever-changing digital landscape. The conversation around these laws is far from over, engaging not only legal professionals and lawmakers but also the creators and performers whose lives and careers are directly impacted by these technologies.