In California, it’s now illegal to use a digital copy made by AI to take the place of an actor’s or performer’s voice or appearance, no matter if that person is still alive or has passed away.
On Tuesday, California Governor Gavin Newsom signed two new laws that make the protections for AI, which SAG-AFTRA recently achieved, official in California.
The first law, AB 1836, says that you can’t use a dead person’s voice or image in digital copies unless you get permission from their estate, as stated by SAG-AFTRA. The second law, AB 2602, makes it illegal to include clauses in contracts that let someone use a digital version of a person’s voice or image instead of the real person’s work, unless that person has agreed to a detailed explanation of how the AI will be used.
The California bill changes the rules about protecting the rights of people who have passed away. It takes away some exceptions that used to allow film, TV, and other visual media to use digital copies of these individuals. Meanwhile, another bill is making history as the first of its kind in the U.S. While SAG-AFTRA and other labor unions are working hard to get protections at the national level, they are specifically supporting the No Fakes Act, which was introduced in the U.S. House of Representatives last week.
Both of these laws are really important because they build on what SAG-AFTRA performers already stood up for during last year’s strike. They want actors to have a say and get paid for anything that uses AI. However, these protections mainly focus on actors in theater and TV who are under that specific contract. So, making sure that everyone in California, whether they’re alive or not, is protected is a huge step forward.
The situation could also affect the current labor strike between SAG-AFTRA and the video game companies, since AI is a major issue in those talks too.
Newsom visited the SAG-AFTRA headquarters in Los Angeles to sign all the new laws. He was accompanied by Fran Drescher, the president of SAG-AFTRA, and Duncan Crabtree-Ireland, the National Executive Director and Chief Negotiator.
Drescher said, “Today is a huge day for SAG-AFTRA members and everyone else because the AI protections we worked really hard for last year are now even better thanks to California law, the Legislature, and Governor Gavin Newsom. People often say that what happens in California influences the whole country!”
Crabtree-Ireland expressed appreciation for Governor Newsom, saying, “SAG-AFTRA is really thankful for what he’s done. AB 1836 and AB 2602 are important laws that focus on protecting people’s rights in this AI era. Nobody should have to worry about being used as someone else’s unpaid digital copy. Governor Newsom is taking the lead in making sure that people and their families are safe from AI imitating them without proper permission.”