California Gov. Gavin Newsom signed two bills on Tuesday that will protect performers’ likenesses from being replicated by AI.
Newsom visited the Los Angeles headquarters of actors’ union SAG-AFTRA to greenlight the legislation: “We’re making sure that no one turns over their name, image and likeness to unscrupulous people without representation,” he said.
SAG-AFTRA president Fran Drescher was present for the signing, as was the union’s executive director, Duncan Crabtree-Ireland and secretary-treasurer Joely Fisher.
“We continue to wade through uncharted territory when it comes to how AI and digital media is transforming the entertainment industry, but our North Star has always been to protect workers,” Newsom said. “This legislation ensures the industry can continue thriving while strengthening protections for workers and how their likeness can or cannot be used.”
“It is a momentous day for SAG-AFTRA members and everyone else because the AI protections we fought so hard for last year are now expanded upon by California law thanks to the legislature and Gov. Gavin Newsom,” Drescher said. “They say as California goes, so goes the nation!”
The first bill, AB 2602, which was introduced by Assemblymember Ash Kalra (D-San Jose) requires contracts to specify the use of AI-generated digital replicas of a performer’s voice or likeness, and the performer must be professionally represented in negotiating the contract. Kalra said in a statement, “While this bill was informed by negotiations during the historic strike by SAG-AFTRA, AB 2602 shows how California can strike the right balance between AI innovation and protecting workers in the digital age.”
The second bill, AB 1836, from Assemblymember Rebecca Bauer-Kahan (D-Orinda) prohibits commercial use of digital replicas of deceased performers in films, TV shows, video games, audiobooks, sound recordings and more, without first obtaining the consent of those performers’ estates.
In August, the California Senate passed AB 2642, which requires explicit permission from performers to replicate their voice or likeness with AI. It was was endorsed by SAG-AFTRA.
“The bill, which protects not only SAG-AFTRA performers but all performers, is a huge step forward. Voice and likeness rights, in an age of digital replication, must have strong guardrails around licensing to protect from abuse, this bill provides those guardrails,” Crabtree-Ireland said at the time.
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