Governor Gavin Newsom, with the support of the actors’ union SAG-AFTRA, has signed two new bills into law which will help protect current and deceased performers from having their AI-generated likenesses used without permission.

The laws also add safeguards in cases where performers willingly license their name, image, and/or likeness to AI companies and brands. These developments are the latest in the entertainment industry’s effort to protect talent against misuse of AI technology, and comes after many performers complained about the unauthorized use of their AI-generated images or voices.

The first law requires that contracts contain specific language when producers want to use a performer’s digital replica of their voice or likeness. The law defines a “digital replica” as a “computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual”. This would include a video or audio representation of a performer’s face or voice that is generated by AI. This law is in line with the newly negotiated TV/theatrical contracts 2023 agreement that mandated actors must provide explicit consent, and that the union must be involved when AI is used to generate a union member’s performance. The law also includes a requirement that all contracts must include details about the usage of the “digital replica” and that a performer must have legal representation to negotiate the contract (either a lawyer or a union representative).

The second law requires that consent is obtained from a performer’s estate if a producer wants to use a deceased performer’s voice or image for commercial purposes. This includes situations where a producer wants to use a deceased person’s likeness to create AI-generated content for a commercial purpose. There are a few exceptions. As long as the use is for comment, criticism, parody, etc. (i.e. typical fair use defenses) or for historical or biographical contexts, consent is not required. The penalties for violating this law can be over $10,000 for each violation.

These laws will go a long way to protect performers, a sentiment that was imparted by Governor Newsom. He stated, “This legislation ensures the industry can continue thriving while strengthening protections for workers and how their likeness can or cannot be used”.

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