California Enacts AI Laws to Protect Performers’ Digital Rights

On Tuesday, California Governor Gavin Newsom signed two new bills into law aimed at protecting performers from unauthorised AI-generated replicas. The laws, AB2602 and AB1836, require actors’ explicit consent before their digital likeness can be created or used, addressing growing concerns over deepfakes in the entertainment industry.

The legislation follows last year’s breakdown in negotiations between SAG-AFTRA and the Alliance of Motion Picture and Television Producers (AMPTP), where AI use became a central issue. One of the key sticking points was background actors being offered just one day of pay in exchange for the studios’ ability to create digital versions of them for future use.

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Strike over AI concerns led to months-long production halt

This dispute led to a significant strike that effectively paused Hollywood productions for several months. However, in November, after renewed negotiations, the two sides reached an agreement that included protections for actors, requiring informed consent and establishing compensation for the use of AI.

The newly enacted laws appear to further solidify these protections. AB2602, introduced by Assemblymember Ash Kalra in September 2023, mandates that contracts explicitly state when AI-generated replicas are being created and specify the conditions under which these replicas may be used. Furthermore, actors are required to have legal representation when entering into contracts involving AI rights.

While the law establishes new standards, it does not specify penalties for violations. Governor Newsom expressed support for the legislation, stating:

"California has always been a land for dreamers. With this bill, we’re ensuring performers are represented fairly and their rights protected."

Protection for deceased performers’ digital likenesses

Meanwhile, AB1836, introduced by Assemblymember Rebecca Bauer-Kahan, aims to protect deceased actors from posthumous exploitation. The law prohibits the commercial use of digital replicas of deceased performers without permission from their estate. Violators could face damages of at least $10,000.

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Industry response to the new laws

SAG-AFTRA, which had been negotiating with studios over AI use in video games and the use of performers' voices and likenesses, praised the new laws. Duncan Crabtree-Ireland, SAG-AFTRA National Executive Director, welcomed the legislation, saying:

“AB1836 and AB2602 represent vital protections in the age of AI. No one should fear becoming an unpaid digital version of themselves.”