California Enacts Landmark AI Safeguards for Performers

California takes lead on AI regulation in entertainment: Governor Gavin Newsom has signed two bills into law, backed by SAG-AFTRA, to regulate the use of artificial intelligence-generated performances in the entertainment industry.

Key provisions of the new legislation: The bills aim to protect performers’ rights and consent in the rapidly evolving landscape of AI-generated content.

• AB 2602 requires contracts for AI performances to clearly state the intended use, preventing broad likeness rights from automatically granting permission for AI replicas.
• AB 1836 extends these protections to deceased performers, giving their estates the right to consent to AI replicas for 70 years after death.
• The legislation covers a wide range of performances, including voiceover work, commercials, and video game performances, in addition to film and TV.

Industry reactions and implications: The new laws have garnered support from key stakeholders in the entertainment industry.

• SAG-AFTRA, which lobbied for the bills’ passage, sees this as a continuation of the protections won during the 2023 actors’ strike against major studios.
• The Motion Picture Association, initially opposed to the bills, shifted to a neutral stance after amendments were made to protect standard post-production techniques and free speech rights.
• Governor Newsom emphasized the importance of protecting workers while allowing the industry to thrive in the face of AI advancements.

Broader context of AI regulation: California’s move represents part of a larger trend in addressing the challenges posed by artificial intelligence.

• Newsom is still considering several other AI bills passed by the California legislature, including one that would impose safety testing requirements on AI developers.
• SAG-AFTRA is pushing for similar legislation at the federal level with the No Fakes Act, which would outlaw non-consensual replicas of anyone, including performers.
• These efforts reflect growing concerns about the potential misuse of AI technology and the need for regulatory frameworks to protect individuals’ rights and likenesses.

Looking ahead: Potential national impact: California’s legislation could set a precedent for other states and the federal government in regulating AI in entertainment.

• SAG-AFTRA President Fran Drescher expressed hope that California’s actions would influence national policy, stating, “They say as California goes, so goes the nation!”
• The entertainment industry’s approach to AI regulation could serve as a model for other sectors grappling with similar issues of consent, likeness rights, and the ethical use of AI-generated content.

Balancing innovation and protection: The new laws highlight the ongoing challenge of fostering technological advancement while safeguarding individual rights.

• By requiring explicit consent for AI replicas, the legislation aims to prevent unauthorized use of performers’ likenesses without stifling innovation in the entertainment industry.
• The bills’ focus on clear contractual language and specific consent for AI use could set a standard for transparency in AI-related agreements across various industries.

Unresolved questions and future challenges: As AI technology continues to evolve, several issues remain to be addressed.

• The effectiveness of these laws in practice and their impact on the creative process in entertainment production remain to be seen.
• The potential need for further legislation to address emerging AI capabilities and unforeseen uses in the entertainment industry and beyond.
• The challenge of enforcing these regulations across state lines and in the global entertainment market.