California Senate Passes Landmark AI Protection Bill for Performers

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