California’s Groundbreaking AI Laws: Protecting Digital Identities

California's Groundbreaking AI Laws: Protecting Digital Identities

New AI Legislation in California: A Milestone for Digital Rights

Sacramento, CA – The landscape of digital media and performers’ rights in California has undergone significant changes. Governor Gavin Newsom has signed two groundbreaking bills into law, influenced by advocacy from SAG-AFTRA. These new laws extend crucial protections for actors and performers against unauthorized digital replicas.

Landmark Legislation

The two bills, AB 1836 and AB 2602, represent a significant advancement in safeguarding performers’ digital identities and likenesses.

AB 1836: Protecting the Deceased

  • This bill prohibits the use of a deceased individual’s voice or likeness in digital replicas.
  • It mandates that consent must be obtained from the estate of the deceased for such use.
  • This removes some prior exceptions previously allowed in film, TV, and audiovisual work.

AB 2602: Current Performer Protections

  • Prevents any contractual clause that allows the use of a digital replica of an individual’s voice or likeness without explicit consent.
  • Requires that any digital replication must have clear, specific descriptions of the intended AI use and be agreed upon by the performer.

Advocacy and Impact

SAG-AFTRA has championed these protections. These laws expand on labor rights that SAG-AFTRA members fought for during last year’s strike. Particularly, they ensure that no performer becomes “someone else’s unpaid digital puppet.”

Comments from Key Figures

Fran Drescher, SAG-AFTRA President, emphasized the day’s significance: “The AI protections we fought for are now expanded upon by California law thanks to the Legislature and Gov. Gavin Newsom.”

Duncan Crabtree-Ireland, National Executive Director, mirrored this sentiment: “No one should live in fear of becoming an unpaid digital puppet. Gov. Newsom has led the way in protecting people — and families — from AI replication without real consent.”

Federal Considerations and Broader Implications

These new California laws may set a precedent for national legislation. SAG-AFTRA is advocating for the No Fakes Act, which aims to provide similar protections on a federal level.

The extension of these laws to all California residents, regardless of whether they are living or deceased, marks a significant shift. It acknowledges that digital replicas pose a potential threat to personal rights and professional integrity.

AI and the Video Game Industry

This legislative milestone may also influence ongoing negotiations between SAG-AFTRA and video game studios. AI remains a critical issue in these discussions. Video game industry workers seek similar protections against unauthorized use of digital replicas.

Governor Newsom’s Support

Governor Newsom showed his commitment to these protections by signing the bills at the SAG-AFTRA headquarters in Los Angeles. His presence alongside SAG-AFTRA leaders underscored the importance of these laws for the future of digital media rights.

Conclusion

California’s new laws represent a monumental step forward in digital rights for entertainers and their estates. With these protections in place, the use of AI in entertainment must now navigate the robust legal terrain designed to prioritize informed consent and fair compensation.


These laws symbolize a forward-thinking approach to digital ethics. They reflect an understanding of the evolving interplay between technology and personal agency. As the industry continues to innovate, such legislative frameworks will be crucial in safeguarding individual rights in the digital age.