California has given the go-ahead to a landmark AI bill to protect performers’ digital likenesses. On Tuesday, Governor Gavin Newsom signed Assembly Bill 2602, which will go into effect on January 1, 2025. The bill requires studios and other employers to get consent before using “digital replicas” of performers. Newsom also signed AB 1836, which grants similar rights to deceased performers, requiring their estate’s permission before using their AI likenesses.
AB 2602, introduced in April, covers film, TV, video games, commercials, audiobooks and non-union performing jobs. Deadline notes its terms are similar to those in the contract that ended the 2023 actors’ strike against Hollywood studios. SAG-AFTRA, the film and TV actors’ union that held out for last year’s deal, strongly supported the bill. The Motion Picture Association first opposed the legislation but later switched to a neutral stance after revisions.
The bill mandates that employers can’t use an AI recreation of an actor’s voice or likeness if it replaces work the performer could have done in person. It also prevents digital replicas if the actor’s contract doesn’t explicitly state how the deepfake will be used. It also voids any such deals signed when the performer didn’t have legal or union representation.
The bill defines a digital replica as a “computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that is embodied in a sound recording, image, audiovisual work, or transmission in which the actual individual either did not actually perform or appear, or the actual individual did perform or appear, but the fundamental character of the performance or appearance has been materially altered.”
Meanwhile, AB 1836 expands California’s postmortem right of publicity. Hollywood must now get permission from a decedent’s estate before using their digital replicas. Deadline notes that exceptions were included for “satire, comment, criticism and parody, and for certain documentary, biographical or historical projects.”
“The bill, which protects not only SAG-AFTRA performers but all performers, is a huge step forward,” SAG-AFTRA chief negotiator Duncan Crabtree-Ireland told the The LA Times in late August. “Voice and likeness rights, in an age of digital replication, must have strong guardrails around licensing to protect from abuse, this bill provides those guardrails.”
AB2602 passed the California State Senate on August 27 with a 37-1 tally. (The lone holdout was from State Senator Brian Dahle, a Republican.) The bill then returned to the Assembly (which passed an earlier version in May) to formalize revisions made during Senate negotiations.
On Tuesday, SAG-AFTRA President Fran Drescher celebrated the passage, which the union fought for. “It is a momentous day for SAG-AFTRA members and everyone else, because the A.I. protections we fought so hard for last year are now expanded upon by California law thanks to the Legislature and Gov. Gavin Newsom,” Drescher said.
