California Gov. Gavin Newsom (D-Cal) visited the SAG-AFTRA headquarters in Los Angeles to sign two new bills into law. The actors’ union has long been fighting for protection from the growing artificial intelligence (AI) industry, and Newsom hopes these two bills will do just that.
“We talk about California being a state of dreamers and doers — a lot of dreamers come to California, but sometimes they’re not well-represented,” the governor said in a video announcing the signings. “We’re making sure no one turns over their name, image, and likeness to unscrupulous people without representation or union advocacy.”
Actors Are Fighting AI in Hollywood
SAG-AFTRA spent the summer of 2023 striking against the Alliance of Motion Picture and Television Producers (AMPTP) for a better deal, which included protections from AI.
While a deal was eventually made 118 days later, Newsom’s bill covers a wider range of performances that extend outside of film and TV. The bills cover voiceover work, commercials, and video game performances.
“We continue to wade through uncharted territory when it comes to how AI and digital media are transforming the entertainment industry, but our North Star has always been to protect workers,” Newsom said in a statement. “This legislation ensures the industry can continue thriving while strengthening protections for workers and how their likeness can or cannot be used.”
How Do the Bills Protect Actors from AI?
The bill would protect performers from being replicated with AI, ensuring that their likenesses will not be used without their consent.
AB 2602 requires that contracts for AI performances must clearly state the intended use of the tool. Performance contracts often include sweeping likeness rights, but the bill forces contracts to clearly state what the purpose of using likeness would be while prohibiting them from creating an AI replica of a performer unless that is spelled out with reasonable specificity.
AB 1836 extends the same principle to decease performers, allowing the estate the right to consent to an AI replica. This right will last for 70 years after the performer’s death.
Hollywood Studio’s Opposed the Bills at First
Newsom has several other AI bills — many of which have stirred up controversy – but the entertainment bills have largely been supported by Hollywood. The Motion Picture Association, which represents the major studios, initially opposed the bills. Eventually, it became neutral once amendments were made to protect standard post-production techniques and free speech rights.
The actors’ union has been pushing for similar legislation in Congress with the No Fakes Act. This bill would outlaw non-consensual replicas of anyone, including performers.
“They say as California goes, so goes the nation!” “The Nanny” actor and SAG-AFTRA president Fran Drescher said in a statement.
