In the artistic battle against the rise of artificial intelligence, California has passed a groundbreaking law that protects deceased artists from having their images used without their consent. The move comes after the state Senate took tough action to limit any room for maneuver around what consent means in these circumstances and how filmmakers are expected to address it. Last year, with the support of the entire entertainment industry, the Screen Actors Guild and the American Federation of Television and Radio Artists (SAG-AFTRA) went on a four-month strike, with the top of their list of demands to protect deceased actors from “fake and AI-generated duplicates.” California was clearly listening.
The California Senate passed AB 2602, “tightening consent requirements for the use of AI to simulate living artists.” Four days later, the legislature passed AB 1836, which would ensure that artists can protect the use of their images while they are still alive and long after they have passed away. Nicolas Cage might appreciate it. According to Variety, Douglas Merrill, a partner at Greenberg Glasker, emphasized how AB 1836 protects artists’ rights to consent to having their images recreated posthumously by AI-generated digital copies. He explained:
“I see no reason why such consent should not or should not continue to be required when well-known deceased artists are asked to portray themselves after their death. Simply put, the passage of Bill 1836 will ensure this outcome from now on into the future.”
Protecting Deceased Artists from Unethical Use of AI
The California Senate isn’t alone in ensuring the ethical use of AI in the entertainment industry and beyond. Narrativ, described as “an emerging digital marketplace for voice actors to sell, manage and protect their voices for advertisers in audio advertising,” is working with actors to create exact duplicates of their voices using AI. SAG-AFTRA is now working closely with the AI startup to ensure it is protected by consent agreements and properly compensated for its work.
Meanwhile, the California Senate still needs Gov. Gavin Newsom’s signature for Assembly Bill 1836 to fully take effect. It’s not a perfect solution, and many still have concerns that need to be addressed in the future. Specifically, discussions about deals like the one between SAG-AFTRA and Narrativ “among performers and in AI technology circles.”
However, the passage of AB 2602 and AB 1836 sets a precedent in the entertainment industry that many are celebrating. The Screen Actors Guild, Television Actors Association and broadcasters are calling the bills “[having] “This has been a legislative priority for the union on behalf of our members and beyond, making express consent mandatory in California.” It’s a step in the right direction to protect the rights of those who have passed (like James Dean) as well as those who follow in their footsteps.
