California Governor Gavin Newsom has signed two key bills aimed at protecting performers’ digital likenesses.
The bills provide more power to individuals and estates to control the use of their name, image, and likeness, especially with the advanced use of AI. They are also aimed at protecting rights in the person’s lifetime and after his or her demise but with an exception for news, public affairs, and satire.
One of the two bills, A. B. 1836, amends California’s postmortem right of publicity law, regulating the use of computer-generated images and voice of a deceased personality. This bill provides that before such technologies can be used to recreate the image or voice of an individual, the permission of that individual’s estate shall be sought. However, some listed uses like as news reports, sports broadcasts, and documentaries are still allowed.
A.B. 2602 strengthens protections for artists in contracts
The second bill, A.B. 2602, introduced in April, strengthens protections for artists in their contracts, specifically concerning the use of digital likenesses. Assembly Bill 2602 covers various industries, including film, television, video games, commercials, and audiobooks. It applies to both union and non-union performers, offering wide-ranging protection.
The bill contains provisions from the contract that concluded the 2023 actors’ strike, during which SAG-AFTRA, the union for film and television actors, demanded better protections against AI abuse. This legislation enhances these protections in several ways, in particular, preventing the use of the avatar performance from substituting that of the performer.
The signing ceremony occurred at the headquarters of SAG-AFTRA, a union that has been pushing for these measures. SAG-AFTRA president Fran Drescher applauded the new laws as a major win for the guild and its members in the entertainment industry. ”It is a great day for SAG-AFTRA members and everybody else,” she said, highlighting the enhanced measures that are an improvement on the previous victories.
Although the Motion Picture Association had been against the bills initially, it became neutral on the bills, marking a change in the industry’s attitude towards the new digital environment.
A separate AI-related bill, S. B. 1047, is still waiting for the governor’s action, the signature of Gavin Newsom. This bill will seek to enforce security measures on AI developers in California, especially when developing their models.
While some of the tech companies, including OpenAI, and some politicians, including former House Speaker Nancy Pelosi, have spoken against the bill, others, including actors and directors, such as Sean Astin and Mark Ruffalo, have endorsed the bill and urged Newsom to proceed with it.