California passes protections for performers' likeness from AI without contract permission

California has passed a pair of bills meant to protect the digital likeness of actors and performers from artificial intelligence.

The two bills, signed by Gov. Gavin Newsom Tuesday, are meant to strengthen protections for workers in audio and visual productions amidst the rapidly evolving AI industry, according to a news release.

AB 2602 requires contracts to specify when AI-generated digital replicas of a performer's voice or likeness will be used with permission. Performers must also be professionally represented in these contract negotiations, the news release stated.

The other law, AB 1836, prohibits the commercial use of digital replicas of deceased performers without the consent of their estate. The law was designed to curb the use of deceased performers in films, TV shows, audiobooks, video games and other media using work from when they were alive, the news release added.

"A lot of dreamers come to California but sometimes they're not well represented," Newsom said in a video posted to X Tuesday. "And with SAG and this bill I just signed we're making sure that no one turns over their name and likeness to unscrupulous people without representation or union advocacy."

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Laws come after actors union strike for AI protections

The legislation echoes sentiments by Hollywood actors guild SAG-AFTRA, who negotiated for stronger protections from AI during the dual strikes last year.

"To have now the state of California and your support in making sure that we are protected with our likeness and everything it just means the world," SAG-AFTRA President Fran Drescher told Newsom in the X video. "Your actions today are going to speak to people all over the world that are feeling threatened by AI."

The historic 118 day actors strike lasted until last November as performers fought for better wages in the streaming age as well as AI safeguards.

"AI was a deal breaker," Drescher said in November. "If we didn’t get that package, then what are we doing to protect our members?"

About 86% of the SAG-AFTRA national board approved the deal, which also incorporated benefits like pay raises and a "streaming participation bonus."

Video game performers on strike over AI protections

Since July 26, video game voice actors and motion-capture performers have been on strike following failed labor contract negotiations surrounding AI protections for workers.

Negotiations with major video game companies including Activision Productions, Electronic Arts and Epic Games have been ongoing since its contract expired in November 2022.

"Although agreements have been reached on many issues important to SAG-AFTRA members, the employers refuse to plainly affirm, in clear and enforceable language, that they will protect all performers covered by this contract in their AI language," SAG-AFTRA said in a statement.

Contributing: Bryan Alexander