California Passes Law Requiring Consent for AI Digital Replicas of Dead Performers

The California state Senate has passed a law that requires consent for the use of dead performers’ likenesses for AI-created digital replicas.

SAG-AFTRA has been among the organizations championing the legislation as a means of helping the estates of deceased performers maintain some control over AI-created fakes and replicas of famous figures. The union was quick to herald the passage of AB 1836 in a statement after the Senate moved on the bill in an unusual Saturday session.

The passage of AB 1836, which now awaits the signature of Gov. Gavin Newsom, comes four days after the state Senate passed AB 2602, which toughens the consent requirements for the use of AI to replicate living performers.

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“For those who would use the digital replicas of deceased performers in films, TV shows, videogames, audiobooks, sound recordings and more, without first getting the consent of those performers’ estates, the California Senate just said NO,” SAG-AFTRA said in a statement. “AB 1836 is another win in SAG-AFTRA’s ongoing strategy of enhancing performer protections in a world of generative artificial intelligence. The passing of this bill, along with AB 2602 earlier this week, build on our mosaic of protections in law and contract.”

SAG-AFTRA has been the major champion of the legislation in Sacramento. The language of both laws mirrors the protections the union built in to its master TV and film contract agreement with Hollywood’s major studios after a four-month strike last year.

“Both of these bills have been a legislative priority for the union on behalf of our membership and beyond, making explicit consent in California mandatory. We look forward to these bills being signed by Governor Gavin Newsom,” SAG-AFTRA said.

During a hearing on the bill in April, Greenberg Glusker parnter Douglas Mirell pointed to recent examples of AI use in filmmaking that were successful because producers secured the consent of estates in advance.

“In 2000, the late Oliver Reed, who died during production of “Gladiator,” had his performance completed with AI. In 2015, Paul Walker was reanimated with AI assistance to complete scenes in “Furious 7” following his untimely death,” Mirell said. “In 2016, Peter Cushing, who passed away in 1994, was digitally recreated using AI to reprise his character’s role in “Rogue One: A Star Wars Story.” Three years after her death [in December 2016], an AI Carrie Fisher appeared as the digitally reanimated princess in “Star Wars: The Rise of Skywalker.”

“In each of these four instances, permission to use the voice and/or likeness of these
deceased performers was sought and obtained from the families or other representatives of their
respective estates,” Mirell said. “I know of no reason why such consent cannot or should not continue to be required when recognizable deceased performers are asked to portray themselves after their
deaths. Put most simply, passage of AB 1836 will assure this result from now into the future.”