In the artistic fightback against the emergence of artificial intelligence (AI), California has passed an unprecedented law protecting deceased performers from having their likeness used without consent using AI Digital Replicas. The move comes after the state’s senate cracked down on limiting any wiggle room around what consent means in these circumstances and how filmmakers are expected to address it. Last year, and with support throughout the entertainment industry, the Screen Actors Guild and the American Federation of Television and Radio Artists (SAG-AFTRA) went on a four-month strike, and high on their list of demands was the protection of deceased performers from “AI-created fakes and replicas.” Clearly, California has been listening.
The California Senate passed AB 2602 “which toughens the consent requirements for using AI to replicate living performers.” Four days later, the legislative body passed AB 1836 to ensure that performers can protect the use of their likeness while they’re still alive and long after they’ve passed. Something Nicolas Cage probably appreciated. As per Variety, Greenberg Glusker partner Douglas Mirell emphasized how AB 1836 protects the rights of performers to consent to their post-mortem likeness being recreated by AI Digital Replicas. He explained:
“I know of no reason why such consent cannot or should not continue to be required when recognizable deceased performers are asked to portray themselves after their deaths. Put most simply, passage of AB 1836 will assure this result from now into the future.”
Protecting Deceased Performers from Unethical AI Use
The California Senate isn’t alone in ensuring the ethical use of AI in the entertainment industry or beyond. Narrativ, described as “an emerging digital marketplace for voice performers to sell, manage and protect their vocal likeness with advertisers for audio commercials,” works with actors to create AI replicas of their voices. SAG-AFTRA has now been working closely with the AI startup firm to make sure they’re protected by consent agreements and are properly compensated for their work.
In the meantime, the California Senate still needs the signature of Governor Gavin Newsom for AB 1836 to take full effect. It’s not a perfect solution and many still have concerns that need to be ironed out in the future. Namely, debates about deals like the one between SAG-AFTRA and Narrativ “among performers and in AI tech circles.”
However, the passing of AB 2602 and AB 1836 sets a precedent within the entertainment industry which many are celebrating. SAG-AFTRA describes the bills as “[having] been a legislative priority for the union on behalf of our membership and beyond, making explicit consent in California mandatory.” It’s a step in the right direction in protecting the rights of those who’ve passed (such as James Dean) as well as those following in their footsteps.