Governor Gavin Newsom signed two bills to help actors and performers protect their digital likenesses in audio and visual productions, including those who are deceased. This legislation will help ensure the responsible use of Artificial Intelligence (AI) and other digital media technologies in entertainment by giving workers more protections.

“We continue to wade through uncharted territory when it comes to how AI and digital media is transforming the entertainment industry, but our North Star has always been to protect workers. This legislation ensures the industry can continue thriving while strengthening protections for workers and how their likeness can or cannot be used.”

 

AB 2602 by Assembly member Ash Kalra (D-San Jose) requires contracts to specify the use of AI-generated digital replicas of a performer’s voice or likeness, and the performer must be professionally represented in negotiating the contract. This will help protect performers’ and actors’ careers, ensuring that AI is not used to replicate their voice or likeness without permission.

“I am grateful that Governor Newsom has signed AB 2602, a bill that will safeguard a performer’s right to their digital self and protect artists’ livelihoods. While this bill was informed by negotiations during the historic strike by SAG-AFTRA, AB 2602 shows how California can strike the right balance between AI innovation and protecting workers in the digital age.” – Assembly member Ash Kalra (D-San Jose)

 

AB 1836 by Assembly member Rebecca Bauer-Kahan (D-Orinda) prohibits commercial use of digital replicas of deceased performers in films, TV shows, video games, audiobooks, sound recordings and more, without first obtaining the consent of those performers’ estates. It aims to curb unauthorized uses of digital replicas, encompassing any audiovisual work or sound recordings linked to performances delivered by artists when they were alive

“I am grateful Governor Newsom signed AB 1836. California has always had the best protections for artists in order to safeguard their work and likeness, but artificial intelligence (AI) requires us to continue to update the law to ensure that we are fully protecting our amazing performers. It is now possible to create new performances of artists even after their death. Individuals and their estates deserve protections that extend beyond their life to ensure they control their own likeness and profit from it; that is exactly what AB 1836 does.” – Assembly member Rebecca Bauer-Kahan (D-Orinda)

Last year, Governor Newsom signed an executive order laying out how California’s measured approach will focus on shaping the future of ethical, transparent, and trustworthy AI, while remaining the world’s AI leader.

Moving forward, Any music tracks created with AI in the likeness of an artist (Ex: Drake, Tupac, etc.) without permission would be considered illegal.