California Passes Law Requiring Consent for AI Use of Dead Performers

film camera
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The California state Senate has enacted a law mandating consent for the use of deceased performers' likenesses in AI -generated digital replicas.

SAG-AFTRA has been among the organizations championing the legislation as a means of helping the estates of deceased performers maintain some control over AI-created fakes and replicas of famous figures. The union was quick to herald the passage of AB 1836 in a statement after the Senate moved on the bill in an unusual Saturday session.

The passage of AB 1836, which now awaits the signature of Gov. Gavin Newsom, comes four days after the state Senate passed AB 2602, which toughens the consent requirements for the use of AI to replicate living performers.

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“For those who would use the digital replicas of deceased performers in films, TV shows, videogames, audiobooks, sound recordings and more, without first obtaining the consent of those performers’ estates, the California Senate just said NO,” SAG-AFTRA stated. “AB 1836 is another victory 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 upon our mosaic of protections in law and contract.”

SAG-AFTRA has been the primary advocate for the legislation in Sacramento. The wording 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.

“Both of these pieces of legislation 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 into law by Governor Gavin Newsom,” SAG-AFTRA said.

During a discussion on the bill in April, Greenberg Glusker partner Douglas Mirell pointed to recent examples of AI use in filmmaking that were successful because producers obtained the approval of estates beforehand.

“In 2000, the late Oliver Reed, who passed away during the production of “Gladiator,” had his performance completed with AI. In 2015, Paul Walker was brought back to life with AI assistance to finish scenes in “Furious 7” after his unexpected passing,” Mirell said. “In 2016, Peter Cushing, who died in 1994, was digitally recreated using AI to reprise his character’s role in “Rogue One: A Star Wars Story.” Three years after her death [in December 2016], an AI Carrie Fisher appeared as the digitally reanimated princess in “Star Wars: The Rise of Skywalker.”

“In each of these four instances, authorization to utilize the voice and/or image of these
deceased performers was sought and granted from the families or other representatives of their
respective estates,” Mirell stated. “I am unaware of any reason why such consent cannot or should not continue to be required when recognizable deceased performers are asked to portray themselves after their
deaths. To put it simply, the enactment of AB 1836 will ensure this outcome from now into the future.”

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