New Laws For AI-Generated Replicas

Categories: TPFF NEWSPublished On: December 6, 2024

California State say AI must have explicit consent to use the likeness of deceased performers.

The California State Senate has passed AB 1836, a law requiring explicit consent from the estates of deceased performers for the use of their likenesses in AI-generated digital replicas. This legislation, championed by SAG-AFTRA, ensures that the voices, images, and likenesses of deceased performers cannot be used in films, TV shows, video games, or other media without proper authorization. The bill now awaits Governor Gavin Newsom’s signature to become law. The law builds on historical examples where AI was used to recreate deceased performers, such as Oliver Reed in Gladiator, Paul Walker in Furious 7, Peter Cushing in Rogue One, and Carrie Fisher in Star Wars: The Rise of Skywalker. In all these cases, consent was obtained from the performers’ estates. AB 1836 ensures that such consent will be mandatory moving forward. Additionally, the California Senate recently passed AB 2602, which strengthens consent requirements for AI replication of living performers. Both bills reflect SAG-AFTRA’s broader strategy to protect performers’ rights in the evolving landscape of generative AI.

While some may not like the use of AI images, others like photographer Lois Elaine Lauthern who used AI technology (and some Photoshop) to imagine what dead celebrities would look like as older people, recieved rave reviews.  (see more here)

What This Means for Creatives and Filmmakers in California:

  • What This Means for Creatives and Filmmakers in California:
    1. Stronger Performer Protections: The legislation ensures that both living and deceased performers retain control over their likenesses
    1. , preventing unauthorized or exploitative use of AI in the entertainment industry.

  • 2. Ethical Standards in Filmmaking: Filmmakers will need to obtain explicit consent from estates or performers before using AI to recreate likenesses, fostering a more ethical approach to storytelling and production.

  • 3. Increased Costs and Legal Oversight: Studios and filmmakers will face additional legal and administrative hurdles, potentially increasing costs for productions that wish to use AI-generated replicas. This could deter unauthorized use and encourage collaboration with performers’ estates.

  • 4. Impact on Creativity: While the law safeguards performers’ rights, it may limit creative freedom for filmmakers who wish to use AI to bring iconic characters or performers back to life. However, it also encourages innovation by requiring filmmakers to work within ethical boundaries.

  • 5. California as a Regulatory Leader: By passing this legislation, California sets a precedent for regulating AI in the entertainment industry, potentially influencing other states and countries to adopt similar protections.