The recent passing of AB 1836 by the California state Senate marks a significant step in protecting the rights of deceased performers in the digital age. The law now requires consent for the use of dead performers’ likenesses for AI-created digital replicas. SAG-AFTRA has been a key advocate for this legislation, aiming to help the estates of deceased performers maintain control over AI-generated fakes and replicas of famous figures.
The union praised the passage of AB 1836 in a statement following the Senate’s approval of the bill in a rare Saturday session. This legislation follows closely on the heels of AB 2602, which strengthens consent requirements for AI replication of living performers. Both bills aim to enhance performer protections in the evolving landscape of generative artificial intelligence.
SAG-AFTRA has played a pivotal role in championing these laws in Sacramento, drawing on the protections established in its master TV and film contract agreement with major Hollywood studios. The union views the passage of AB 1836 and AB 2602 as essential steps in ensuring explicit consent is mandatory in California for the use of AI in replicating performers.
During a hearing on the bill, Douglas Mirell, a partner at Greenberg Glusker, highlighted successful examples of AI utilization in filmmaking where producers obtained consent from estates in advance. Instances such as the completion of Oliver Reed’s performance in “Gladiator” and the digital recreation of Peter Cushing in “Rogue One: A Star Wars Story” demonstrate the importance of securing permission for using deceased performers’ likenesses.
Mirell emphasized the need for continued consent when utilizing recognizable deceased performers in AI-generated content. The passage of AB 1836 ensures that this requirement is upheld moving forward, safeguarding the rights of performers even after their passing.
This legislation reflects a growing awareness of the ethical and legal implications of AI technology in entertainment and media. By prioritizing consent and respecting the rights of performers and their estates, California sets a precedent for the responsible use of AI-generated replicas in the industry. As these bills await Governor Gavin Newsom’s signature, SAG-AFTRA looks forward to further solidifying protections for performers in the digital era.
