California strengthens digital rights for actors with new AI legislation

California Governor Gavin Newsom signed two bills into law that require media studios to obtain consent before using actors’ or deceased artists’ likenesses for AI-generated ‘digital replicas.’ The laws are aimed at ensuring the responsible use of AI and that the industry grows “while strengthening protections for workers and how their likeness can or cannot be used,” Governor Newsom said, as per reports.

The Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA), which campaigned for the protection of digital replicas during the 2023 Actor’s Strike in Hollywood, has strongly backed these laws. According to President Fran Drescher, “AI poses a threat not just to performers in the entertainment industry, but to workers in all fields, in all industries everywhere. No technology should be introduced into society without extreme caution and careful consideration of its long-term impact on humanity and the natural world.”

Obtaining consent before using the likeness of a working actor

The first Bill, AB 2602, mandates that a performer’s contract specify if the producers intend to use an AI-generated digital replica of a performer’s voice or likeness. The law defines a “digital replica” as a “computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual” but in the creation of which the actual individual either did not actually perform or appear, or the fundamental character of their performance is altered. This could be a recording, image, audiovisual work, or transmission. Digital replica does not include remixing, mastering, or digital remastering of a sound recording or audiovisual work.

Producers can only use a digital replica for tasks that artists would have performed in person. Contracts must also include a description, expanding on the intended usage of the digital replica. The law mandates that while negotiating the contract, a performer must have professional representation by a legal counsel or a labour union representing workers. The provisions within the law do not apply to a person’s likeness once 70 years have passed since their death.

The recent agreement between SAG-AFTRA and the AMPTP marks a significant milestone in protecting artists' rights in the age of AI. This contract specifically addresses the use of AI-generated digital replicas, synthetic performers, and even the likenesses of deceased individuals.

Key Provisions of the Agreement:

Consent and Compensation: Studios must obtain explicit permission from artists before using their likeness in AI-generated content and provide them with appropriate compensation. Synthetic Performers: The agreement outlines guidelines for the use of synthetic performers, particularly those based on specific facial features. Residuals: Artists are entitled to residuals when their images are used in AI-generated content. Legislation Protecting Deceased Individuals:

California's AB 1836: This law mandates that producers obtain consent from the estate of a deceased person before using their likeness for commercial purposes. Penalties: Violators of this law face fines and potential damages.

High-Profile Cases:

George Carlin's Estate: The late comedian's estate successfully challenged the unauthorized creation and distribution of an AI-generated comedy routine. Indian Actors: The Delhi High Court has ruled in favor of actors Jackie Shroff and Anil Kapoor, granting them protection against the unauthorized use of their resemblances.

These developments have far-reaching implications for the entertainment industry. As AI technology continues to advance, it is crucial to establish clear guidelines and protections for artists' rights. The agreements and legislation discussed in this article represent a step in the right direction, ensuring that artists are compensated fairly and that their likenesses are used ethically.nsent.