Takeaways
- California is now the first U.S. state to ban AI from replacing a living actor without consent.
- New AB 2602 and AB 1836 protect actors’ voice and likeness rights—even posthumously.
- The Transparency in Frontier AI Act (TFAIA) requires AI developers to disclose safety protocols.
- For actors, filmmakers, and creators, this sets a precedent in safeguarding creative rights.
California Bans AI Replacing Actors
In a landmark decision, California has become the first U.S. state to prohibit the use of artificial intelligence to replace an actor’s performance without their consent. On September 17, Governor Gavin Newsom signed two significant bills—AB 2602 and AB 1836—protecting performers’ rights to their voice, image, and creative work.
These laws respond to growing concerns over deepfakes and unauthorized digital reproductions, ensuring that studios and content creators cannot exploit an actor’s likeness without approval or compensation.
What the New Laws Mean
AB 2602: Protecting Voice and Likeness
- Prohibits contracts that allow creation of a digital replica—audio or visual—that replaces the actor in future projects.
- Defines a “digital replica” as a realistic computer-generated likeness or voice identifiable as that person.
AB 1836: Posthumous Rights
- Restricts the use of an actor’s voice or likeness after death in audiovisual works unless prior consent was given.
TFAIA: AI Transparency
- Requires major AI developers to disclose safety measures and transparency reports.
- Mandates reporting of high-risk incidents and protects whistleblowers in the AI industry.
Together, these measures introduce accountability and safeguard creative ownership in a rapidly evolving entertainment landscape.
Why It Matters to the Entertainment Industry
1. Creative Control and Fair Pay
These laws ensure that your voice, image, and performance remain your property, protecting you from unauthorized replication and loss of income.
2. A National Precedent
California’s move could inspire similar legislation nationwide, setting the tone for how the entertainment industry handles AI-generated content.
3. Ethical Use of AI
As AI becomes a tool in film production, voiceovers, and VFX, these laws highlight the need for clear consent and fair compensation.
4. Protecting Legacies
Veteran actors and estates now have a safeguard against their likeness being used posthumously in projects they never approved.
Challenges Ahead
- Jurisdiction enforcement: It’s unclear how the law applies to productions outside California.
- Contract interpretation: Some agreements may still contain vague “AI replication” clauses.
- Technological evolution: Courts will need to define what constitutes a “digital replica.”
- Industry pushback: Some producers may argue this limits innovation in digital filmmaking.
While these challenges exist, the laws are a critical step toward ethical AI use in entertainment.
Example: How This Protects Performers
Imagine a streaming platform uses AI to recreate an actor’s performance for a sequel—without hiring them again. Under AB 2602, this would violate public policy unless the actor gave explicit consent in their original contract. The law shifts creative control back to the performer, ensuring fair compensation and protection of their personal brand.
What Actors and Creators Should Do Now
- Review Your Contracts
Ensure your agreements clearly address AI usage, licensing, and digital replication. - Stay Informed
Follow updates from unions like SAG-AFTRA and advocacy groups on evolving AI standards. - Negotiate AI Clauses
Add language specifying that AI reproductions require separate consent and payment. - Register Your Rights
If available, register your likeness and performance rights to strengthen your legal standing. - Educate Your Team
Agents, managers, and collaborators should understand how AI affects contracts and career longevity.
Final Thoughts
California’s new AI protection laws mark a defining moment in the entertainment industry’s future. For actors and creators, it’s a step toward maintaining control over the most valuable asset you own—your identity.
As technology continues to reshape Hollywood, these laws represent a balance between innovation and human artistry. Staying informed, proactive, and contract-savvy will ensure your creative work remains truly yours.
