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.
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