The California State Senate recently passed a significant piece of legislation, AB 1836, which mandates obtaining consent before using the likenesses of deceased performers for AI-generated digital replicas. This move, championed by SAG-AFTRA, aims to protect the rights and legacies of performers posthumously. The bill now awaits Governor Gavin Newsom’s signature.
This legislative action closely follows the passage of AB 2602, which strengthens consent requirements for replicating the likenesses of living performers through artificial intelligence. Both bills reflect SAG-AFTRA’s robust advocacy efforts in Sacramento, emphasizing the union’s commitment to safeguarding performer rights against the backdrop of rapidly advancing AI technology.
For those who would use the digital replicas of deceased performers in films, TV shows, videogames, audiobooks, sound recordings and more, without first getting the consent of those performers’ estates, the California Senate just said NO,” stated SAG-AFTRA. They further highlighted that “AB 1836 is another win in SAG-AFTRA’s ongoing strategy of enhancing performer protections in a world of generative artificial intelligence. The passing of this bill, along with AB 2602 earlier this week, build on our mosaic of protections in law and contract.”
The union sees the legislation as a continuation of the protections integrated into its master TV and film contract agreement with Hollywood’s major studios, a contract that was renewed after a four-month strike last year.
Douglas Mirell, a partner at Greenberg Glusker, cited past instances during an April hearing where AI was used ethically in filmmaking with the consent of the performers’ estates. These examples include Oliver Reed in “Gladiator,” Paul Walker in “Furious 7,” Peter Cushing in “Rogue One: A Star Wars Story,” and Carrie Fisher in “Star Wars: The Rise of Skywalker.” Mirell emphasized, “In each of these four instances, permission to use the voice and/or likeness of these deceased performers was sought and obtained from the families or other representatives of their respective estates. I know of no reason why such consent cannot or should not continue to be required when recognizable deceased performers are asked to portray themselves after their deaths. Put most simply, passage of AB 1836 will assure this result from now into the future.”
For small business owners and solopreneurs in the creative industries, these developments underscore the growing importance of ethical considerations in the use of AI technologies. Adhering to such regulations not only protects intellectual property rights but also aligns with evolving legal standards, ensuring their ventures remain compliant and respectful of legacy and consent in the digital age.
