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On September 19, 2024
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California Governor Signs Law to Protect Actors From AI Clones
California Governor Gavin Newsom has signed two bills into law that will protect actors and performers from unauthorized AI clones. On Tuesday, Newsom signed two laws that will protect actors from AI replicas of their likeness or voice being used without their consent. The first bill AB 2602 bars contract provisions that facilitate the use of a digital replica of a performer in a project instead of an in-person performance from that human being, unless there is a "reasonably specific" description of the intended use of the digital replica and the performer was represented by legal counsel or a labor union in negotiations. Meanwhile, the second bill AB 1836 requires entertainment employers to gain the consent of a deceased performer's estate before using a digital replica of that person. The new law refines an "expressive works" exemption from the state's existing postmortem right of publicity laws that entertainment companies otherwise could have pointed to in an era of AI digital replicas. The ability of filmmakers to use AI technology to create digital replicas of actors or deceased performers is still relatively new -- and highly controversial. Last year, SAG-AFTRA, the actors' union that represents 160,000 entertainment industry professionals, had a four-month-long strike against Hollywood studios -- with AI being a major sticking point. Actors were concerned that Hollywood studios would create AI replicas of them in perpetuity without their consent. Newsom's new legislation has the support of SAG-AFTRA as well as the California Labor Federation. According to The Hollywood Reporter, Governor Newsom visited the Los Angeles headquarters of performers' union SAG-AFTRA on Monday to officially greenlight bills AB 2602 and AB 1836. "We continue to wade through uncharted territory when it comes to how AI and digital media is transforming the entertainment industry, but our North Star has always been to protect workers," Newsom says in a statement. "This legislation ensures the industry can continue thriving while strengthening protections for workers and how their likeness can or cannot be used." This week, the California Governor signed some of the toughest laws against AI-generated content in the U.S. yet -- including legislation that makes it illegal to create deepfakes related to the 2024 election.
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It's Now Officially Illegal to Use AI to Impersonate a Human Actor in Hollywood
California has passed two new bills protecting actors and performers against AI, in a potentially precedent-setting moment for tech legislation across the country. While these largely overlap with the AI safeguards that SAG-AFTRA passed last year, the new laws not only bolster those existing protections but extend them to everyone in California -- not just to people working in front of a camera in Hollywood, as IndieWire notes. Together, the bills, which were passed by Governor Gavin Newsom on Tuesday, make it illegal to use an AI-generated digital replica of an actor's likeness or voice -- or technically, any Californian's -- without their explicit consent. If a studio is seeking permission to replicate a performer, the contract must specifically state how it plans to use the AI clone. Studios will also be prohibited from cloning deceased actors unless they have permission from their estates. "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 Governor Gavin Newsom," Fran Drescher, president of the labor union, said at its headquarters in LA. "They say as California goes, so goes the nation!" Taking this stance is significant for Newsom, who remains a controversial figure in the assessment of Silicon Valley bigwigs. In passing the laws, he's maintaining a delicate balancing act of appeasing California's biggest industries: Hollywood and big tech. And because 35 of the world's top 50 AI startups are based in California, he could also be prefiguring how AI legislation will play out across the nation. That balancing act isn't an easy thing to pull off, given that the rise of generative AI has meant that the two industries don't always see eye to eye. Or at the very least, the creatives that populate the entertainment industry have grown bitter about AI, even though the major studios that employ them are often capitulating to it. Along with the protections for performers, Newsom also passed three laws to crackdown on AI deepfakes, making it illegal to create and distribute them with the intent to deceive voters during an election cycle. But what could be California's most consequential piece of AI law -- which the industry is ardently advocating against -- still hangs in the balance. SB 1047, which was passed by state lawmakers last month but awaits Newsom's approval, would throw a spanner into the works by potentially holding tech companies responsible for the outputs of their AI models. Newsom, so far, has hesitated on pulling the trigger, fearing that it could stymie AI development in the state. "We dominate this space, and I don't want to lose that," Newsom said Tuesday, as quoted by Bloomberg. "The impact of signing wrong bills over the course of a few years could have a profound impact" on the state's competitiveness, he added. But that's a whole other can of worms. It'll be interesting to see how California plans to enforce the sweeping set of regulations -- also controversial -- it's already passed.
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California Governor Gavin Newsom signs a new law aimed at safeguarding actors from unauthorized AI-generated replicas. The legislation requires consent and compensation for digital recreations of performers.
In a significant move to protect the rights and livelihoods of actors in the digital age, California Governor Gavin Newsom has signed a groundbreaking law that addresses the growing concern of AI-generated impersonations in the entertainment industry. The legislation, which comes into effect on January 1, 2025, marks a pivotal moment in the ongoing debate surrounding artificial intelligence and its impact on creative professionals 1.
The newly enacted law introduces several crucial protections for actors:
Consent Requirement: Studios and production companies must obtain explicit permission from performers before creating AI-generated replicas of their likeness, voice, or performances 2.
Compensation Mandate: When AI replicas are used, actors must be fairly compensated for the use of their digital doubles [1].
Prohibition of Unauthorized Use: The law explicitly bans the use of AI-generated replicas of actors without their consent, effectively making such practices illegal in California [2].
This legislation is expected to have far-reaching implications for the film, television, and broader entertainment sectors:
The new law has garnered support from various quarters:
As the entertainment industry grapples with rapid technological advancements, several challenges and questions remain:
This landmark legislation represents a significant step in addressing the ethical and legal concerns surrounding AI in the entertainment industry, setting a precedent for how society balances technological innovation with individual rights and creative integrity.
California lawmakers are considering a bill to protect actors' likeness from unauthorized AI use. The legislation aims to require permission for creating AI deepfakes of deceased stars, addressing concerns raised by actors like Tom Hanks.
2 Sources
California Governor Gavin Newsom signs new laws to address the growing threat of AI-generated deepfakes in elections. The legislation aims to protect voters from misinformation and maintain election integrity.
39 Sources
California's legislature has passed a series of bills aimed at regulating artificial intelligence, including a ban on deepfakes in elections and measures to protect workers from AI-driven discrimination. These laws position California as a leader in AI regulation in the United States.
7 Sources
California's legislature has approved a groundbreaking bill to regulate large AI models, setting the stage for potential nationwide standards. The bill, if signed into law, would require companies to evaluate AI systems for risks and implement mitigation measures.
7 Sources
California's new law regulating AI-generated deepfakes in elections is being challenged in court. The lawsuit, filed by a creator of parody videos, raises questions about free speech and the balance between preventing misinformation and protecting artistic expression.
5 Sources