“Safeguarding Performers” Digital Likeness: A New Era of Protection

On September 17, 2024, California Governor Gavin Newsom signed two bills aimed at protecting actors and performers digital likeness in audio and visual productions, including those who have passed away. These bills are designed to offer greater safeguards in the entertainment industry amid the increasing use of Artificial Intelligence (AI) and digital media technologies.

SAG-AFTRA President Fran Drescher joined Governor Newsom in celebrating the signing of the legislation. The laws focus on ensuring performers’ legal rights when negotiating the use of digital replicas, and establish guidelines for the recreation of deceased performers.

Governor Newsom stated that this legislation addresses the evolving AI space in the entertainment industry and reinforces protections for workers. He emphasized the importance of ensuring that performers’ likenesses are used responsibly in the digital realm.

AB 2602, authored by Assemblymember Ash Kalra (D-San Jose), requires contracts to clearly specify the use of AI-generated digital replicas of a performer’s voice or likeness. Under this bill, performers must be professionally represented when negotiating contracts. This measure aims to protect actors’ careers by preventing the unauthorized replication of their voice or likeness through AI technology.

Kalra expressed gratitude for the Governor’s support, stating that AB 2602 strikes a balance between innovation and protecting workers. He highlighted that the bill was informed by negotiations during the SAG-AFTRA strike and will safeguard artists’ livelihoods in the digital age.

AB 1836, authored by Assemblymember Rebecca Bauer-Kahan (D-Orinda), prohibits the commercial use of digital replicas of deceased performers in various forms of media without first obtaining consent from the performer’s estate. This bill is intended to prevent unauthorized uses of digital replicas and ensures that estates maintain control over the likeness of artists who have passed away.

Bauer-Kahan praised the Governor for signing AB 1836, noting that the bill updates California’s legal protections for artists in response to the rise of AI. She stressed the need for continued efforts to protect performers’ likenesses after their death, allowing estates to maintain control over how they are portrayed.

The entertainment industry is not the only sector being impacted by AI. California has been at the forefront of AI innovation, hosting 32 of the world’s 50 leading AI companies and accounting for a significant portion of the technology’s patents and conference papers. The state has used AI to address a variety of challenges, including reducing traffic and combating homelessness. In recent months, California launched an AI collaboration with NVIDIA and hosted an AI summit to explore how AI can best serve the state.

Governor Newsom’s efforts to shape the future of AI in California began last year when he signed an executive order to establish guidelines for ethical, transparent, and trustworthy AI practices. California remains committed to maintaining its leadership in the AI space while addressing the risks posed by the technology.