California Passes New Laws to Protect Actors’ Rights Against Unconsented AI-Generated Replicas

• California Governor Gavin Newsom signed two landmark bills into law on Tuesday, focusing on AI consent and protection for actors.
• The legislation, AB2602 and AB1836, aims to safeguard actors from unauthorized AI-generated deepfakes, addressing both living and deceased performers.
• Last year, the use of AI technology created significant tension in negotiations between SAG-AFTRA and the Alliance of Motion Picture and Television Producers (AMPTP).

California enacts pioneering AI consent laws for actors, solidifying the state’s commitment to protecting performers’ rights in the digital era.

California Strengthens Legal Protections for Actors Against AI Exploitation

Governor Gavin Newsom has empowered actors and performers with enhanced legal protections against unauthorized digital replicas. AB2602 mandates that contracts must explicitly state when AI-generated replicas are being created and outline the intended usage of these replicas. This bill, introduced by Assemblymember Ash Kalra, aims to provide actors with strong legal representation when negotiating AI-related rights contracts.

SAG-AFTRA’s Role in Negotiating AI Safeguards

The Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) played a crucial role in advocating for these protective measures. Following intense negotiations with the AMPTP last year, which included securing better residual payments from streaming platforms, SAG-AFTRA succeeded in establishing detailed informed consent and compensation frameworks for the use of AI. These efforts culminated in a months-long strike that effectively halted Hollywood productions until a satisfactory agreement was reached in November.

New Law Prohibits Unauthorized AI Replicas of Deceased Performers

Additionally, Assemblymember Rebecca Bauer-Kahan introduced AB1836, which prohibits the creation and commercial use of digital replicas of deceased actors without the explicit permission of their estate. Violators of this law could face damages amounting to a minimum of $10,000. This measure aims to maintain the integrity and legacy of deceased performers, ensuring their likeness is not exploited for profit without consent.

Implications for the Entertainment Industry

The enactment of these laws marks a significant step in safeguarding the rights of actors in the age of artificial intelligence. These measures are expected to set a precedent, potentially inspiring similar legislation in other states and industries. Duncan Crabtree-Ireland, SAG-AFTRA National Executive Director and Chief Negotiator, emphasized the importance of these laws, stating that they prioritize the rights and protections of individuals against unauthorized digital exploitation. This new legal framework ensures that no actor will have to fear becoming an unpaid digital entity without proper representation and compensation.

Conclusion

California’s new legislation represents a robust response to the evolving challenges posed by artificial intelligence in the entertainment sector. By putting in place stringent consent and representation requirements, as well as penalties for unauthorized use, the state is pioneering the protection of performers’ rights. These laws not only safeguard current actors but also honor the legacy of deceased performers, providing a comprehensive legal framework for the digital age. The successful advocacy by SAG-AFTRA underscores the importance of union representation in negotiating technological advancements, ensuring equity and fairness in the industry.