Actor Replacement with AI is Now Illegal in California

The utilization of an AI-generated digital replica to substitute the voice or likeness of an actor or performer—regardless of whether the individual is alive or deceased—is now prohibited under California law.

On Tuesday, California Governor Gavin Newsom enacted two legislative measures that incorporate the recently established protections for AI by SAG-AFTRA into state law.

The first measure, AB 1836, explicitly “forbids the employment of a deceased individual’s voice or likeness in digital replicas without obtaining prior consent from their estate,” as stated by SAG-AFTRA. The second measure, AB 2602, “forbids contractual clauses that would permit the use of a digital replica of an individual’s voice or likeness instead of the individual’s actual services,” unless the individual has provided consent along with a clear and specific description of the intended use of the AI.

The California bill concerning protections for deceased individuals modifies certain existing exceptions related to film, television, and audiovisual works that previously allowed for the use of digital replicas. In contrast, the other bill represents a pioneering effort in the United States, despite ongoing advocacy from SAG-AFTRA and other labor unions for federal protections, notably the No Fakes Act, which was introduced in the U.S. House of Representatives last week.

Ultimately, both pieces of legislation build upon the efforts of SAG-AFTRA performers who advocated for informed consent and compensation regarding the use of artificial intelligence during last year’s strike. While these protections primarily target theatrical and television performers under specific contracts, their extension to encompass all individuals in California, both living and deceased, signifies a substantial advancement.

The ongoing labor strike involving SAG-AFTRA and the video game studios may also be influenced by this development, as artificial intelligence remains a central issue in the negotiations.

Governor Newsom visited the SAG-AFTRA headquarters in Los Angeles to sign the various pieces of legislation. He was accompanied by Fran Drescher, the president of SAG-AFTRA, and Duncan Crabtree-Ireland, the National Executive Director and Chief Negotiator.

“This is a significant day for SAG-AFTRA members and the wider community, as the AI protections we diligently approved last year are now further reinforced by California law, thanks to the efforts of the Legislature and Governor Gavin Newsom,” stated Drescher. “It is often said that as California goes, so too does the rest of the nation!”

Crabtree-Ireland expressed appreciation for Governor Newsom, noting, “SAG-AFTRA commends Gov. Newsom. The introduction of AB 1836 and AB 2602 signifies essential legislation that emphasizes the rights of individuals in the era of artificial intelligence. It is unacceptable for anyone to fear becoming an unpaid digital representation of another. Governor Newsom has taken significant steps to safeguard individuals and families from unauthorized AI replication.”

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