Using AI to Replace an Actor Is Now Against the Law in California

Using an AI-generated digital replica to replace the contributions of an actor or performer’s voice or likeness — whether that individual is living or dead — is now against the law in California.

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California Governor Gavin Newsom on Tuesday signed a pair of bills that extend SAG-AFTRA’s recently won protections for AI into California law.

The first bill, AB 1836, “prohibits the use of a deceased person’s voice or likeness in digital replicas without the prior consent of their estate,” according to SAG-AFTRA. The second, AB 2602, “prohibits contractual provisions that would allow for the use of a digital replica of an individual’s voice or likeness in place of the individual’s actual services,” unless the individual gave their consent to a clear, specific description of how the AI would be used.

In the case of the protections for deceased individuals, the California bill removes some existing exceptions that were in place for film, TV, and audiovisual work that were previously in place when it came to digital replicas. The other bill though is the first of its kind in the U.S., even as SAG-AFTRA and other labor unions are actively pushing for protections on the federal level, specifically the No Fakes Act that last week was introduced in the U.S. House of Representatives.

But above all, both of these laws are extensions of what SAG-AFTRA performers already fought for in the strike last year, which is that actors must have informed consent and compensation for anything that involves the use of AI. But considering those protections apply primarily to theatrical and TV performers working under that specific contract, the extension of it to protect anyone in California living or dead is a big deal.

It might also have an impact on the ongoing labor strike between SAG-AFTRA and the video game studios, as AI is the key sticking point in those negotiations as well.

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Newsom dropped by the SAG-AFTRA headquarters in Los Angeles in order to sign each of the pieces of legislation. He was joined by SAG-AFTRA president Fran Drescher and National Executive Director and Chief Negotiator Duncan Crabtree-Ireland.

“It is a momentous day for SAG-AFTRA members and everyone else, because the AI protections we fought so hard for last year are now expanded upon by California law thanks to the Legislature and Gov. Gavin Newsom,” Drescher said. “They say as California goes, so goes the nation!”

“SAG-AFTRA applauds Gov. Newsom,” Crabtree-Ireland said. “AB 1836 and AB 2602 represent much-needed legislation prioritizing the rights of individuals in the AI age. No one should live in fear of becoming someone else’s unpaid digital puppet. Gov. Newsom has led the way in protecting people — and families — from AI replication without real consent.”