In a landmark move for the entertainment industry, California Governor Gavin Newsom has signed two critical bills into law, significantly strengthening protections for performers against the unauthorized use of AI-generated digital replicas. These bills, AB 2602 and AB 1836, were passionately supported by SAG-AFTRA, the union representing actors and other media professionals. By signing these bills at the SAG-AFTRA headquarters in Los Angeles, Governor Newsom sent a clear message about California's commitment to safeguarding performers' rights in the rapidly evolving landscape of artificial intelligence.

The new legislation addresses key concerns in the digital age. AB 2602 mandates that any contract facilitating the use of a digital replica in place of an in-person performance must include a "reasonably specific" description of the intended use. Moreover, it requires that performers have legal representation or union advocacy during negotiations. This ensures that artists are not exploited or misrepresented without their informed consent. AB 1836 extends these protections beyond a performer's lifetime, requiring entertainment employers to obtain consent from a deceased performer's estate before using their digital replica. This refinement of existing postmortem right of publicity laws closes potential loopholes that could have been exploited in the era of AI.

As technology continues to advance, these laws set a precedent for how performers' rights, identities, and legacies can be protected. The entertainment industry is now watching closely to see how these California laws might influence similar legislation in other states and at the federal level, potentially reshaping the landscape of digital performance and AI use across the nation.

Source: This blog post is based on an article by Katie Kilkenny, published in The Hollywood Reporter on September 17, 2024.

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