Oct 27, 2024 08:00:00

Creating replicas of real actors using AI etc. is now illegal in California

Replacing the voice or face of an actor or performer with an AI-generated or other digital replica has been ruled a violation under California law.

Using AI to Replace an Actor Is Now Against the Law in California

https://www.indiewire.com/news/breaking-news/using-ai-replace-actor-against-law-california-1235048661/

California Governor Gavin Newsom signed two AI-related bills into law on September 17, 2024.

The first bill, AB 1836 , would ban the use of a deceased person's voice or likeness in digital reproduction without the prior consent of the person's family.

Current law allows those who suffer certain damages to sue for damages if a deceased person's name, voice, likeness, etc. is used without permission in a product, item, or object within 70 years of their death. However, this provision does not apply to certain works of art or copyright, such as plays, books, and movies, so it is okay to include a deceased person in an artwork.

AB 1836 adds 'digital reproductions' to the above law. This bill makes a person liable for damages if he or she creates, distributes, or makes available a digital reproduction of the voice or likeness of a deceased person in an 'expressive audiovisual work or sound recording.' This bill regulates the use of AI or other methods to manipulate the voice or likeness of a specific person to make it appear as if the person actually appeared in the work.

The second bill,

AB 2602 , would make agreements to create digital copies of an employee or job applicant's voice or likeness unenforceable if the employer knows they are unlawful or fails to provide a reasonable explanation for how the digital copies will be used.

The two bills above would make it illegal to use the voices or likenesses of actors and performers in AI without their prior consent, regardless of whether they are alive or dead. Both bills were pushed by the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA), and Newsom visited SAG-AFTRA headquarters to sign the bills.

'Thanks to the Legislature and Governor Gavin Newsom, the issues we fought so hard for have now been expanded into California law. SAG-AFTRA applauds Governor Newsom. AB 1836 and AB 2602 are long-awaited bills that prioritize individual rights in the age of AI. Governor Newsom has stood up to protect people from AI cloning without their consent,' SAG-AFTRA said.