California’s Senate has passed a groundbreaking bill that could reshape the entertainment industry by requiring explicit consent for creating AI-generated replicas of deceased performers.
The new legislation, AB 1836, is now awaiting the signature of Governor Gavin Newsom, who is expected to approve it. This law is a significant step toward regulating the use of AI in Hollywood and protecting the rights of both living and deceased performers.
The passing of AB 1836 follows the approval of a related bill, AB 2602, which focuses on the rights of living performers.
Together, these bills aim to establish clear guidelines on how AI technology can be used in the entertainment industry, particularly in creating digital replicas of actors and other celebrities.
The legislation comes as AI continues to play an increasingly prominent role in film, television, and other media, raising important ethical and legal questions.
AI and the Rise of Digital Performers
AI technology has advanced rapidly in recent years, making it possible to create highly realistic digital replicas of human beings. This has led to a growing interest in using AI to bring back deceased performers for new roles in movies, TV shows, video games, and other media.
For example, companies like ElevenLabs have already struck deals with the estates of famous Hollywood stars such as Judy Garland, James Dean, Laurence Olivier, and Burt Reynolds to use their voices in new AI-created performances.
However, the use of AI to recreate deceased performers raises significant ethical concerns, particularly when it comes to consent.
The new California law aims to address these concerns by making it mandatory for producers to obtain explicit consent from the estates or legal representatives of deceased performers before creating any AI replicas.
SAG-AFTRA’s Role in Shaping the Legislation
The Screen Actors Guild – American Federation of Television and Radio Artists (SAG-AFTRA) has been a strong advocate for the new legislation.
The union has long been concerned about the potential impact of AI on performers’ rights and has made it a priority to protect its members in an increasingly digital world.
SAG-AFTRA’s support for AB 1836 and AB 2602 is part of its broader strategy to enhance protections for performers in the face of rapidly advancing AI technology.
SAG-AFTRA has also been proactive in encouraging deals that align with the principles outlined in the new legislation.
For example, the union partnered with AI startup Narrative to create an online marketplace where actors can license their voices for AI voice clones, giving them control over how and where their voices are used.
This initiative reflects SAG-AFTRA’s commitment to ensuring that performers maintain control over their digital likenesses.
The Future of AI in Hollywood
The passage of AB 1836 and AB 2602 could have far-reaching implications for the entertainment industry, both in California and beyond.
As the home of Hollywood and a hub for technology innovation, California is likely to set a precedent that other states and countries may follow.
By establishing clear rules for the use of AI in creating digital performers, California is helping to shape the future of the entertainment industry.
Moreover, the new legislation highlights the importance of consent and ethical considerations in the use of AI technology.
As AI continues to evolve and become more integrated into our daily lives, it is crucial to ensure that the rights of individuals, both living and deceased, are respected.
The passage of AB 1836 is a significant step in that direction and could serve as a model for future regulations in the AI space.
