California recently established safety regulations for the entertainment industry’s use of artificial intelligence (AI), becoming the latest state to legislate on this issue.
According to the bill signed by Governor Gavin Newsom on September 17th, Hollywood movie studios must obtain explicit consent from actors and performers before using generative AI technology to create “digital replicas.”
Under bill AB2602, digital replicas are defined as “computer-generated, highly realistic electronic representations that can be explicitly identified as resembling someone’s voice or appearance.” These replicas can be seen in movies, TV shows, video games, audio recordings, among others, where the actual individual either hasn’t appeared or their appearance has undergone significant alterations.
The second bill, AB1836, extends the same principles to deceased performers, granting their copyright holders the right to “consent to the creation of digital replicas for commercial use.” This right expires 70 years after the performer’s death.
Newsom stated that both bills passed in the California State Assembly and Senate with virtually no opposition, striking a balance between protecting entertainment workers from potential misuse and abuse of AI while fostering the rapid advancement of digital cloning technology. In his statement, he said, “These legislations ensure the industry can continue to thrive while strengthening protections for workers and governing how their likenesses are used (or not used).”
Newsom, along with Fran Drescher, President of the world’s largest actors’ union SAG-AFTRA, signed these bills. The union initiated its longest strike in history in July 2023 (lasting 118 days), with a key issue at that time being studios using generative AI and other digital technologies to replicate performers’ faces and voices.
The use of digital replicas in movies is becoming increasingly common, especially in some latest installments of long-standing franchises. As noted by the proponent of AB2602, the 2016 film “Rogue One: A Star Wars Story” digitally resurrected the image of the late British actor Peter Cushing, who portrayed Grand Moff Tarkin in the 1977 film “Star Wars: A New Hope” and passed away in 1994 due to cancer.
Furthermore, in the 2022 sequel of Tom Cruise’s 1986 classic movie “Top Gun: Maverick,” AI technology was used to recreate the digital voice of “Iceman,” portrayed by Val Kilmer, as Kilmer lost his speaking ability after undergoing treatment for throat cancer in 2014.