California is on the verge of setting guidelines for the use of AI versions of celebrities in various projects. The California state Senate has passed AB 1836, a law that mandates explicit consent from the estates of deceased performers for creating AI replicas. The bill is now awaiting Governor Gavin Newsom’s signature, with strong support from unionized performers of SAG-AFTRA and related organizations.
This legislation applies to any digital recreation utilizing AI, whether it’s a still image, a voice clone for a new role, or a full character in a film posthumously. Producers must now obtain consent from the estate or legal representative of the deceased performer for any such recreation. AB 1836 follows closely on the heels of the passage of AB 2602, which focuses on living performers and imposes stricter consent requirements for the use of AI replicas. These bills reflect a growing awareness of the necessity to regulate AI’s impact on both living and deceased individuals within the entertainment industry.
SAG-AFTRA commented on the passage of the bill, stating, “For those who would use the digital replicas of deceased performers in films, TV shows, video games, audiobooks, sound recordings and more, without first getting the consent of those performers’ estates, the California Senate just said NO. AB 1836 is another win in SAG-AFTRA’s ongoing strategy of enhancing performer protections in a world of generative artificial intelligence.”
Deepfake Demand
The union has been proactive in promoting deals aligned with the bill’s framework even prior to its enactment. For example, SAG-AFTRA and AI startup Narrativ collaborated on an online marketplace where actors can license their voices to AI voice clones while retaining control over their usage. Furthermore, ElevenLabs, an AI voice developer, secured legal rights to the voices of deceased Hollywood stars like Judy Garland, James Dean, Laurence Olivier, and Burt Reynolds for new AI-generated performances through agreements with their estates.
Given the centrality of AI in recent union activities, including a strike and the incorporation of AI protections in the new master TV and film contract template, the significance of these bills extends beyond deepfake casting calls. California’s influence, driven by its thriving entertainment and tech industries, may serve as a model for other states and nations to shape their own regulations, streamlining matters on a global scale.
“The passing of this bill, along with AB 2602 earlier this week, builds on our mosaic of protections in law and contract,” SAG-AFTRA stated. “Both of these bills have been a legislative priority for the union on behalf of our membership and beyond, making explicit consent in California mandatory. We look forward to these bills being signed by Governor Gavin Newsom.”
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Conclusion
In conclusion, the passage of AB 1836 in California represents a significant milestone in regulating the use of AI replicas of deceased performers in various forms of media. With explicit consent now required from their estates, the bill aims to protect the rights of individuals even after their passing. The collaboration between SAG-AFTRA and AI companies to establish frameworks for licensing and usage of AI-generated content underscores the evolving landscape of entertainment in the digital age. As California sets the standard for AI regulation in the industry, it paves the way for potential similar measures globally.
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