The Changing Landscape: California Legislation on Digital Replicas
In a move to enhance the rights of deceased performers, the California Senate has passed a law that insists on consent for AI-created digital replicas of their likenesses.
The Battle for Control
Group SAG-AFTRA has been a driving force behind this initiative. Their aim is to empower estates of deceased performers to deny unauthorized usage of AI-created fakes and replicas. The union was instrumental in advancing AB 1836, acknowledged during a unique Saturday session of the Senate.
Anticipating Further Approval
The passage of AB 1836 has filled the members of the union with anticipation, as they wait for Governor Gavin Newsom’s signature. The introduction of AB 2602, a bill focused on AI and living performers, was also supported by the Senate earlier that week.
Relevance in the Entertainment Industry
SAG-AFTRA represents an essential victory in the world of advanced artificial intelligence with the passage of AB 1836. The recent approval, along with AB 2602’s passage earlier, represents purposeful strides in enhancing performer protections.
A Legislative Priority
SAG-AFTRA has been at the forefront in championing the cause in Sacramento. The language and protections extended through these laws reflect the union’s master film and TV contract agreement with major Hollywood studios, which was achieved after a laborious four-month strike.
A Wait and Watch Scenario
The union pinged both these legislations as top-priority on the legislative agenda, aiming for the explicit mandatory consent clause at both membership and statewide levels. Governor Gavin Newsom signing these bills is the next anticipated step.
Examples of AI Use in Filmmaking
In a discussion on the bill this April, Greenberg Glusker partner Douglas Mirell reminded the audiences of successfully produced films employing AI, thanks to anticipated consents from estates. Films like “Gladiator” (2000), which portrayed an AI-assisted performance of the deceased Oliver Reed, and “Furious 7” (2015), featuring the tragically passed-away Paul Walker reanimated with AI technology, set examples of utilizing AI while respecting the performers’ rights.
Historic Recreations
In 2016, another deceased actor, Peter Cushing, who passed away in 1994, was digitally recreated using AI technology for his character in “Rogue One: A Star Wars Story.” Furthermore, three years after her demise in December 2016, Carrie Fisher returned in “Star Wars: The Rise of Skywalker” with the help of AI.
Justified Usage
All these instances were made possible with prior consent from the estates of these stars. Mirell insisted that this practice should continue whenever recognizable deceased performers’ AI versions are sought after their demises. A simple passage of AB 1836 will ensure this in future.
FAQs
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What is AB 1836?
AB 1836 is a piece of legislation that requires explicit consent for the use of a deceased performer’s likeness in AI-created digital replicas.
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What does SAG-AFTRA stand for?
SAG-AFTRA represents the Screen Actors Guild‐American Federation of Television and Radio Artists, a labor union representing film and television performers, journalists, and other media professionals.
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Why is this legislation important?
This legislation is critical to the media and entertainment industry as it protects the rights and interests of performers and their estates, preventing unauthorized use and manipulation of their images and performances.
Conclusion: The recent move by the California Senate to protect the rights of deceased performers by requiring explicit consent for AI-created digital replicas represents a significant shift in the media and entertainment industry. This legislation illustrates how technological advancement necessitates legal adaptation to safeguard individuals’ rights and prevent unauthorized usage of AI technology. The anticipation is high for the formal signing of these bills by Governor Gavin Newsom. This event is an example of how continued dialogue among policymakers, legal experts, artificial intelligence developers, and stakeholders can influence technology’s ethical and lawful use.
Credit: variety.com
