Is Legal Consent Needed To Make Digital Replicas Of Dead Artists? All We Know About California’s New AI Law

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As an ardent fan who has witnessed the evolution of Hollywood and its stars over the past few decades, I am thrilled to see California taking a bold step towards respecting the rights of deceased performers with Assembly Bill 1836 (AB 1836). This law, which requires consent from the estates of deceased performers before using their likenesses in digital recreations, is a long-overdue recognition of their contributions and the importance of their legacy.

On August 31, 2024, the California state Senate endorsed Assembly Bill 1836 (AB 1836), a substantial law regulating how the digital replicas of deceased artists can be used in AI technology, according to Variety.

The legislation, which mandates reaching out to the families of departed artists before digitally recreating their appearances for TV programs, video games, and similar content, is currently waiting for Governor Gavin Newsom’s approval.

SAG-AFTRA has vigorously supported the passing of AB 1836, commending it for safeguarding the rights of departed actors and their heirs.

According to SAG-AFTRA, the California Senate has made it clear that it’s not acceptable to utilize digital replicas of deceased actors in films, TV shows, video games, audiobooks, and other media without first securing permission from the performers’ estates.

According to SAG-AFTRA, bills AB 1836 and its related bill, Assembly Bill 2602 (AB 2602), aim to enhance consent requirements for active performers, marking a substantial advance in safeguarding performer rights as we navigate the era of advanced artificial intelligence.

Four days ago, AB 2602 was approved by the California state Senate, and now, just after that, AB 1836 has followed suit. Both bills represent SAG-AFTRA’s continuous work in fortifying performers’ rights within a rapidly evolving digital environment. The union views these legislative adjustments as crucial steps to address the increasing adoption of AI in media production.

According to the union, passing AB 1836 represents another success in their continuous effort to bolster performer rights in an era characterized by advanced artificial intelligence. This bill is designed to augment the protections that are currently part of SAG-AFTRA’s master TV and film contracts, which underwent revisions following a four-month strike last year.

At a hearing for AB 1836 in April, Douglas Mirell from Greenberg Glusker highlighted multiple well-known instances where artificial intelligence was employed to revive deceased artists, all under the approval of their respective estates. Mirell specifically pointed out these cases as examples.

Following Oliver Reed’s demise during the production of Gladiator in 2000, artificial intelligence was employed to complete his performance on screen.

After Paul Walker’s passing in 2015, AI technology was employed to finish the scenes for Fast & Furious 7.

Peter Cushing passed away in 1994; however, he was digitally resurrected for the 2016 release, “Rogue One: A Star Wars Story.”

In the year 2019, three years following Carrie Fisher’s passing in 2016, advanced technology known as artificial intelligence brought her character back to life digitally for the film Star Wars: The Rise of Skywalker.

Mirell contended that these scenarios demonstrate both the practicality and importance of securing consent for such actions. He stated that in each of the four situations, he had requested and received approval to utilize the voice and/or image of the deceased artists from their families or estate representatives.

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2024-09-01 13:24