The California Senate has passed a law requiring approval to use images of dead artists in digital versions created by artificial intelligence.
The Screen Actors Guild, the Stage Actors Association and news organizations were among the organizations that embraced the legislation as a way to help the estates of deceased artists maintain some control over fakes and replicas of famous characters created by artificial intelligence. The unions were quick to announce the passage of House Bill 1836 in a statement after the Senate moved on the bill in an extraordinary session on Saturday.
The passage of Assembly Bill 1836, which now awaits Gov. Gavin Newsom's signature, comes four days after the state Senate passed Assembly Bill 2602, which tightens approval requirements for the use of artificial intelligence to simulate living performers.
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“For those who use digital reproductions of deceased artists in movies, TV shows, video games, audiobooks, sound recordings, and more, without first obtaining the consent of those artists’ estates, the California Senate has said ‘no,’” Senate Bill 1836 said. “Bill 1836 is another victory in SAG-AFTRA’s ongoing strategy to strengthen protections for artists in the world of generative AI. The passage of this bill, along with Bill 2602 earlier this week, builds on our mosaic of protections in law and contract.”
The Screen Actors Guild and the Television Actors Guild of America were the main advocates for the legislation in Sacramento. The language of the bills echoes the protections the union built into its major television and film contract agreements with major Hollywood studios after a four-month strike last year.
“Both of these bills have been legislative priorities for the SAG and the ISA on behalf of our members and beyond, making explicit California approval mandatory,” the SAG and ISA said. “We look forward to Governor Gavin Newsom signing these bills into law.”
During a hearing on the bill in April, Douglas Merrill, a partner at Greenberg Glusker, pointed to recent examples of AI being used in the film industry that were successful because producers got the properties’ approval in advance.
“In 2000, the performance of the late Oliver Reed, who died during the production of ‘Gladiator,’ was completed using AI. In 2015, Paul Walker was brought back to life using AI to complete scenes in ‘Furious 7’ after his untimely death,” Merrill 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 his death, the actor was brought back to life using AI.” [in December 2016]Carrie Fisher, an AI character, appeared as the digitally reanimated princess in Star Wars: The Rise of Skywalker.
In each of these four cases, the use of the voice and/or image of these persons is permitted.
Deceased artists were sought out and obtained from their families or other representatives.
“I don’t know of any reason why such consent should or should not continue to be required when well-known deceased performers are asked to photograph themselves after their death,” Merrill said.
“The passage of Bill 1836 would ensure that this outcome is achieved from now on into the future.”
