Bill allowing the creation of 'digital replicas' of deceased actors passes California Senate

The strike by Hollywood actors and screenwriters that began in June 2023 included demands for wage increases and improvements to working conditions, as well as for 'regulations on the use of AI that takes away the jobs of screenwriters and actors.' The contract concluded through the strike included a clause restricting the use of AI to 'create digital copies of actors,' but it has been reported that this clause is being expanded to include legal provisions.

California Passes Law Requiring Consent for AI Use of Dead Performers
https://variety.com/2024/tv/news/california-ai-dead-performers-consent-sag-aftra-1236126432/

As a result of the long-term strike that took place from June 30, 2020 to November 10, 2023, the American Federation of Television and Radio Artists (SAG-AFTRA) has succeeded in signing a $1 billion contract with the Motion Picture Producers Association (AMPTP) .

The contract stipulated that a portion of streaming content revenues would be paid to union members, as well as salary increases for union members and increases in the wages of actors. In addition, a major point of contention was the 'regulation of AI that takes away jobs,' and one of the AI regulations included a reference to 'if a company uses AI to create a digital copy with the facial features of an actor, the company must ask the actor for consent.' SAG-AFTRA's chief negotiator emphasized that this rule also applies to 'deceased actors.'

In order to use AI to recreate a deceased actor and have them appear in a movie, etc., consent must be obtained while they are still alive - GIGAZINE

The deal to create 'digital replicas' of actors using AI is not limited to the SAG-AFTRA and AMPTP contract. SAG-AFTRA has been pushing hard for legislation to regulate digital replicas, and a public hearing on the Digital Replica Bill was held in April 2024.

According to a report by Variety , an American entertainment magazine, the California State Senate passed a bill on August 27, 2024, that would tighten consent requirements for creating digital replicas of living actors. Four days later, on August 31, the state senate passed a bill that would require consent for deceased actors as well, so that their families and estates can manage their digital replicas.

SAG-AFTRA said in a statement that the digital replica bill was passed, 'The California Senate has passed a bill to prohibit the use of digital replicas of deceased actors without the consent of their estates. These two bills (along with the bill to protect living actors) are priority legislation for unions on behalf of union members and non-members, and require the explicit consent of the parties involved. The combination of contracts and law aims to strengthen protections for performers.' After the Senate passes, the bill will be discussed in the House of Representatives, and if it passes in the House of Representatives, it will need to be adjusted and passed again by the Senate and House of Representatives before the law can be implemented. Therefore, SAG-AFTRA concluded in a statement, 'We look forward to these bills being signed by California Governor Gavin Newsom.'

... 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.'

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— SAG-AFTRA NEWS (@sagaftranews) August 31, 2024

There are apps that use AI to make deceased actors appear in the latest movies, and apps that read books in the voices of deceased stars, but all of these require the consent or partnership of estate management organizations. On the other hand, digital replicas are a constant source of contention, with a strike being declared in July 2024 due to the use of AI without consent.

Actors' union SAG-AFTRA announces strike over use of AI in games - GIGAZINE

'In each of the current successful cases, consent has been obtained from representatives of the family or estate of the deceased performer for the use of their voice and/or likeness,' said attorney Douglas Mirell, who participated in the hearing on California's Digital Replica bill. 'There is no reason to believe that this same set of consents would not or should not continue to be required for posthumous performances. The Senate's passage of the Digital Replica bill would give SAG-AFTRA vindication.'