California Governor Gavin Newsom has signed two bills to protect artists from having their appearance simulated by digital AI recreations.
The two bills, AB 2602 and AB 1836, supported by SAG-AFTRA, were passed by the California legislature in August and are part of a series of state AI regulations. AB 2602 prohibits contract provisions that would allow companies to use a digital version of a performer in place of the real human actor in a project unless the performer knows exactly how their digital replacement will be used and has engaged a lawyer or union representative.
AB 1836 states that after an artist dies, entertainment companies must obtain permission from the family or estate before making or distributing a “digital copy” of the artist. The law specifies that these replicas do not fall under an exception that allows works of art to depict the likeness of people without permission, thus excluding what The Hollywood Reporter is described as a potential loophole for AI companies.
“We are making sure that no one gives their name, image and likeness to unscrupulous people without representation,” Newsom said in a video posted to his Instagram account on Tuesday, in which he is seen alongside SAG-AFTRA President Fran Drescher.
The signing of the two bills could bode well for the fate of what is arguably the biggest legal shakeup in the AI industry: California's SB 1047, which is currently on Newsom's desk awaiting his decision. SAG-AFTRA has also publicly supported SB 1047. However, the bill faces opposition from much of the AI industry – which has until the end of September to lobby for its veto.