California Governor Gavin Newsom signed two groundbreaking bills into law this week. The new legislation requires the consent of actors and performers before a digital replica can be created and used.

This is a significant step in protecting the rights of both living and deceased performers from unauthorized AI-generated deepfakes.

Background of the Legislation

Last year, artificial intelligence became a hot-button issue in Hollywood. Negotiations between SAG-AFTRA and the Alliance of Motion Picture and Television Producers (AMPTP) hit a snag over several points. One central sticking point was the protection of background actors.

Studios paid these actors just one day in exchange for creating digital avatars for future use. Another contentious issue was securing residual pay from streaming platforms.

The breakdown in talks led to a months-long strike that brought Hollywood to a standstill. In November, after negotiations resumed, a deal was struck. SAG-AFTRA announced that the agreement established detailed informed consent and compensation guardrails for using AI.

Strengthening Actors' Rights

The new laws aim to strengthen actors' rights further. Assemblymember Ash Kalra (D-San Jose) introduced CA Assembly Bill 2602 in September 2023.

This bill requires contracts to specify when AI-generated replicas are being created. It must clearly state the conditions under which these replicas will be used.

Actors must have legal representation when entering into AI-related rights contracts. However, the bill did not specify the penalty for violating the new law.

"We talk about California being a state of dreamers and doers," Governor Newsom said in a video post on X. "A lot of dreamers come to California, but sometimes they're not well-represented and with [SAG-AFTRA] and this bill I just signed, we're making sure that no one turns over their name, image, and likeness to unscrupulous people without representation or union advocacy."

Protecting Deceased Performers

Assemblymember Rebecca Bauer-Kahan (D-Orinda) introduced CA Assembly Bill 1836. This bill prohibits the creation of digital replicas of deceased actors and performers for commercial purposes without the permission of the performer's estate. Violators face damages of at least $10,000.

SAG-AFTRA, which had been negotiating with studios over the use of artificial intelligence and compensation for using video game performers' voices and likenesses, cheered the new laws.

"AB 1836 and AB 2602 represent much-needed legislation prioritizing the rights of individuals in the AI age," said SAG-AFTRA National Executive Director and Chief Negotiator Duncan Crabtree-Ireland. "No one should fear becoming someone else's unpaid digital puppet."

The new legislation represents a significant victory for actors and performers in the age of artificial intelligence. It seeks to ensure their rights are protected and fairly compensated for their work.