California Mandates Consent for AI Deepfakes of Deceased Stars

California’s AI deepfake legislation: The California state Senate has passed AB 1836, a bill requiring explicit consent from the estates of deceased performers for the creation of AI replicas in various media projects.

• The bill covers all forms of digital recreation using AI, including still images, voice clones, and full character portrayals in films.
• Producers must obtain agreement from the estate or legal representative of the deceased performer before using their AI replica.
• This legislation follows the recent passage of AB 2602, which focuses on consent requirements for AI replicas of living performers.

Industry support and implications: SAG-AFTRA, the union representing performers, has strongly backed the legislation as part of its strategy to enhance protections for performers in the age of generative AI.

• The union has already encouraged deals structured around the bill’s principles, even before it becomes law.
• SAG-AFTRA partnered with AI startup Narrativ to create an online marketplace for actors to license their AI voice clones while maintaining control over usage.
• AI voice developer ElevenLabs has made agreements with the estates of deceased Hollywood stars like Judy Garland and James Dean for legal rights to their voices in new AI-created performances.

Broader context: The passage of AB 1836 and AB 2602 reflects a growing recognition of the need to regulate AI’s impact on both living and deceased individuals in the entertainment industry.

• AI protections were a central issue in the recent SAG-AFTRA strike and have been incorporated into the new master TV and film contract template.
• California’s legislation may serve as a model for other states and countries due to the state’s prominent entertainment and tech industries.
• The bills aim to establish a “mosaic of protections” in both law and contract for performers and their estates.

Next steps: The bill now moves to Governor Gavin Newsom’s desk for final approval.

• Given the strong support from SAG-AFTRA and related groups, it is likely that Governor Newsom will sign the bill into law.
• Once signed, the legislation will make explicit consent for AI replicas mandatory in California.

Potential impact on the AI industry: The new legislation may have far-reaching consequences beyond just regulating deepfake casting in Hollywood.

• AI companies developing voice cloning and digital recreation technologies may need to adjust their practices to comply with the new consent requirements.
• The entertainment industry may see changes in how posthumous performances are handled, potentially leading to new revenue streams for estates of deceased performers.
• Other industries using AI-generated content may also need to consider similar consent models, especially if other jurisdictions follow California’s lead.

Looking ahead: As AI technology continues to advance, the entertainment industry and lawmakers are likely to face ongoing challenges in balancing innovation with ethical considerations and performer rights.

• The implementation of these bills may reveal practical challenges or loopholes that require further legislative refinement.
• The global nature of the entertainment industry may necessitate international cooperation on AI regulation to ensure consistent protections across different markets.
• As AI capabilities expand, new forms of digital recreation may emerge, potentially requiring additional legislation to address unforeseen uses of performer likenesses.