California Legislature Passes Bill Requiring Consent for AI Replicas of Dead Actors

If signed by the governor, those wishing to use an artificial likeness in films, TV shows, video games or other media will have to obtain permission from that person’s estate

"Sophia" an artificially intelligent (AI) human-like robot developed by Hong Kong-based humanoid robotics company Hanson Robotics is pictured during the "AI for Good" Global Summit hosted at the International Telecommunication Union (ITU) on June 7, 2017, in Geneva
"Sophia" an artificially intelligent (AI) human-like robot developed by Hong Kong-based humanoid robotics company Hanson Robotics is pictured during the "AI for Good" Global Summit hosted at the International Telecommunication Union (ITU) on June 7, 2017, in Geneva (FABRICE COFFRINI/AFP via Getty Images)

California’s state Legislature passed a bill Saturday requiring consent to be obtained before a dead actor or performer’s likeness can be replicated by artificial intelligence. The AI permission bill will still need to be signed into law by Gov. Gavin Newsom.

SAG-AFTRA cheered the passage of CA Assembly Bill 1836 in a statement shared on social media. The union has been one of the bill’s biggest supporters.

“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. 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. 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.”

The legislation was passed four days after Assembly Bill 2602, which has tightened up the consent requirements for using AI to replicate the likeness of performers who are still alive.

The SAG-AFTRA union represents approximately 160,000 “actors, announcers, broadcast journalists, dancers, DJs, news writers, news editors, program hosts, puppeteers, recording artists, singers, stunt performers, voiceover artists and other entertainment and media professionals.”

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