California Senate enforces consent for AI replicas of deceased performers
A new era of digital ethics in entertainment
The California state Senate has taken a significant step towards protecting the legacy of deceased performers by passing a law that mandates consent for the use of their likenesses in AI-created digital replicas. This legislation, known as AB 1836, is a landmark move in the ongoing battle to maintain control over the digital representation of famous figures.
The role of SAG-AFTRA in championing the cause
SAG-AFTRA, the union representing film and television actors, has been at the forefront of this legislative push. The union celebrated the passage of AB 1836, emphasizing its importance in safeguarding the rights of performers’ estates. In a statement, SAG-AFTRA highlighted the significance of this bill, stating, “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.”
Building a mosaic of protections
The passage of AB 1836 follows closely on the heels of AB 2602, another bill that strengthens consent requirements for the use of AI to replicate living performers. Together, these bills form a comprehensive framework aimed at enhancing performer protections in the age of generative artificial intelligence. SAG-AFTRA noted, “The passing of this bill, along with AB 2602 earlier this week, builds on our mosaic of protections in law and contract.”
Legislative priorities and future outlook
SAG-AFTRA has made these bills a legislative priority, advocating on behalf of its members and beyond. The union expressed optimism about the future, stating, “We look forward to these bills being signed by Governor Gavin Newsom.” The language of both laws mirrors the protections the union incorporated into its master TV and film contract agreement with Hollywood’s major studios after a four-month strike last year.
Real-world examples of AI in filmmaking
During a hearing on the bill in April, legal expert Douglas Mirell from Greenberg Glusker highlighted several instances where AI was used to complete performances of deceased actors, with consent from their estates. These examples include:
- Oliver Reed in Gladiator (2000)
- Paul Walker in Furious 7 (2015)
- Peter Cushing in Rogue One: A Star Wars Story (2016)
- Carrie Fisher in Star Wars: The Rise of Skywalker (2019)
Mirell emphasized, “In each of these four instances, permission to use the voice and/or likeness of these deceased performers was sought and obtained from the families or other representatives of their respective estates.”
Ensuring ethical use of AI in entertainment
The passage of AB 1836 ensures that the ethical use of AI in entertainment will continue to be a priority. Mirell concluded, “I know of no reason why such consent cannot or should not continue to be required when recognizable deceased performers are asked to portray themselves after their deaths. Put most simply, passage of AB 1836 will assure this result from now into the future.”
Reflections for cinema, TV series, and music enthusiasts
For fans of cinema and TV series, this legislation represents a crucial step in preserving the integrity and legacy of beloved performers. The use of AI in entertainment has opened up new possibilities, but it also raises important ethical questions. By requiring consent, AB 1836 ensures that the digital resurrection of performers is done with respect and consideration for their legacy.
The impact on the future of filmmaking
As AI technology continues to evolve, its impact on filmmaking will undoubtedly grow. The ability to recreate performances of deceased actors offers exciting possibilities for storytelling, but it must be balanced with ethical considerations. The passage of AB 1836 sets a precedent for other states and countries to follow, ensuring that the rights of performers and their estates are protected.
A personal perspective
As a cinema and TV series enthusiast, I find the passage of AB 1836 to be a significant and necessary development. The use of AI in entertainment is a double-edged sword; it can bring back beloved characters and performances, but it also has the potential to exploit the legacy of performers without their consent. This legislation strikes the right balance, allowing for innovation while respecting the rights of performers and their families.
Conclusion
The California state Senate’s passage of AB 1836 marks a pivotal moment in the intersection of technology and entertainment. By requiring consent for the use of deceased performers’ likenesses in AI-created digital replicas, the legislation ensures that the legacy of these performers is protected. As AI continues to shape the future of filmmaking, it is essential to uphold ethical standards and respect the rights of performers and their estates.