When it comes to non-consensually using the works of artists for its own gains, AI companies have adopted the approach of brazenly proceeding until they get sued to stop. Generative artificial intelligence companies have been sued for using copyrighted materials to train software, and for impersonating actors. Scarlett Johansson has had to take legal action against two separate AI companies from using her voice and likeness, but the technology has also had no qualms in using the likenesses of artists we’ve lost. (That’s how we came to live in a world with an AI-George Carlin stand up show.) Now California has acted to put a law on the books to protect our dearly departed performers. The state’s legislature has just passed a bill that requires companies to obtain consent before replicating the image of a deceased artist with AI. After striking for 118 days last year to ensure AI protections for its members, SAG-AFTRA is thrilled with this development:
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, new writers, news editors, program hosts, puppeteers, recording artists, singers stunt performers, voiceover artists and other entertainment and media professionals.”
Oh even better, it was a double whammy of bills to protect living and deceased artists. I keep saying it, but the laws necessitated by generative AI are mind-boggling. Will families and estates still have to sue over non-consensual replicas? For sure, just as musicians keep having to sue the Trump campaign for using their songs. But it’s still essential that these laws get passed specific to the developing technology, because it makes the infractions clearer, which in turn hopefully lead to the AI companies being liable for larger sums on violations. When the SAG-AFTRA strike ended in November, union president Fran Drescher said AI was the dealbreaker, the last issue studios were holding out on. Studios think they can save money on actors by using AI; so the only way to get them to act fairly is to ensure consensual AI use with adequate compensation to the artist, or otherwise make non-consensual uses financially punitive to the studios as a deterrent. As always, it’s about the money.
Photos credit: Look Press Agency/Look Press / Avalon, Holland / Avalon, Chris Connor / Wenn / Avalon, Jeff Davy / Avalon, Elisabetta Villa / Avalon
Hopefully more states pass laws like this.
It’s ridiculous it even needs to be a law but it needs to be a nationwide law. The difference between those jibjab cutouts and AI is AI looks plausible! There should be a law that any AI has to have the persons consent! Not just the estate. It’s not fair to morph someone into something without their consent!