California Senate approves landmark AI protection bill: The California Senate has passed AB 2602, a bill designed to safeguard performers from unauthorized AI replicas, marking a significant victory for SAG-AFTRA.
Key provisions of the bill:
- Requires explicit consent for the use of digital replicas of performers
- Mirrors language from the SAG-AFTRA contract that ended the 2023 strike
- Extends protections to include videogames, audiobooks, and commercials
- Encompasses non-union work
Broader implications for the entertainment industry: The bill aims to protect performers beyond those currently covered by union agreements, addressing concerns about the potential loss of rights to voice and likeness.
- Jeffrey Bennett, SAG-AFTRA’s general counsel, emphasized the importance of protecting the next generation of performers who may lack leverage in negotiations
- The Motion Picture Association (MPA) initially opposed the bill but later took a neutral stance after language modifications addressed their concerns about interference with post-production techniques
Legislative journey and next steps: The bill has gained significant support in the California legislature and is poised to become law.
- Passed the Assembly in May with a unanimous 62-0 vote
- Approved by the Senate with a 36-1 vote
- Must return to the Assembly for concurrence due to Senate amendments before reaching Governor Gavin Newsom’s desk
SAG-AFTRA’s perspective: Union leaders view the bill as a crucial step in protecting performers’ rights in the digital age.
- Duncan Crabtree-Ireland, SAG-AFTRA’s executive director, called it “a huge step forward” in establishing strong guardrails for voice and likeness rights
- The union proposed the legislation to address concerns over broad contract language that could potentially grant unlimited rights to use an actor’s likeness
Specific protections and requirements: The bill introduces clear guidelines for the use of AI replicas in entertainment.
- Mandates that rights to AI replicas must be explicitly bargained for
- Requires contracts to include a “reasonably specific” description of the intended use
- Renders contracts without such language unenforceable
Ongoing AI-related challenges: The entertainment industry continues to grapple with the implications of AI technology.
- SAG-AFTRA is currently on strike against major videogame companies over AI provisions
- The union is pushing for federal legislation, the “No Fakes Act,” to protect individuals from unauthorized digital replicas
- Another bill, AB 1836, aims to protect digital replicas of deceased performers
Balancing creativity and rights: The legislative process has involved negotiations to address First Amendment concerns while protecting performers.
- The MPA initially warned that overly broad laws could impede the use of historical figures in docudramas
- Revisions to the No Fakes Act addressed these concerns, leading to MPA support
Future landscape of performer rights: As AI technology continues to advance, the passage of AB 2602 sets a precedent for how the entertainment industry may approach digital replicas and performer rights.
- The bill’s success could inspire similar legislation in other states or at the federal level
- It may influence future contract negotiations between unions and entertainment companies
- The entertainment industry will likely need to adapt its practices to comply with these new protections
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