California Governor Gavin Newsom has made headlines by signing two landmark bills into law aimed at protecting performers in the age of artificial intelligence. The new laws, AB 2602 and AB 1836, were celebrated by the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA), which played a pivotal role in their development.
A Historic Move for Performer Rights
On Monday, Governor Newsom officially signed the bills at the SAG-AFTRA headquarters in Los Angeles, a significant venue symbolizing the fight for performers' rights. Both pieces of legislation were passed by the California state Senate in August and are seen as a crucial step in safeguarding the livelihoods of actors in an evolving digital landscape.
AB 2602 specifically addresses the use of digital replicas, prohibiting contracts that allow for the replacement of live performances with digital versions unless certain conditions are met. Performers must be legally represented and given a clear, specific description of how their digital likeness will be used.
AB 1836 focuses on the rights of deceased performers, mandating that entertainment companies obtain consent from the estates of these individuals before using their digital likenesses. This law refines the existing postmortem right of publicity laws, which could have been exploited by companies in the era of AI.
Protecting Creativity and Representation
In a statement during the signing ceremony, Governor Newsom highlighted the importance of representation in creative industries. “California is a state of dreamers and doers, but sometimes those dreamers aren't well-represented,” he said. He emphasized that the new laws ensure that performers' names, images, and likenesses are protected from exploitation by those who may not have their best interests at heart.
SAG-AFTRA has been actively working to secure these protections since the recent 118-day strike, which ended with a new contract mandating consent for digital replicas and detailing their intended use. In this context, the new laws are an extension of the union's hard-fought victories in 2023.
A Momentous Day for SAG-AFTRA
SAG-AFTRA President Fran Drescher expressed her enthusiasm about the new laws, calling the day “momentous” for the union's members. “The A.I. protections we fought so hard for last year are now expanded upon by California law,” she stated, thanking both the legislature and Governor Newsom for their support.
Ongoing Advocacy for AI Regulations
The battle for performer rights doesn't stop here. SAG-AFTRA continues to advocate for further regulation of AI-driven digital replicas and synthetic performers. The union supported Tennessee's Ensuring Likeness Voice and Image Security (ELVIS) Act, signed into law in March, and is currently pushing for federal legislation called the Nurture Originals, Foster Art and Keep Entertainment Safe (NO FAKES) Act. This ongoing advocacy highlights the necessity for comprehensive protections as technology continues to advance.
Conclusion
Governor Newsom's signing of AB 2602 and AB 1836 marks a significant victory for performers in California and sets a precedent for how digital technology interacts with artistic rights. As the entertainment industry navigates the complexities of AI, these laws provide a framework that prioritizes consent, representation, and ethical practices, ensuring that performers' voices are not only heard but protected in this new digital era.
