California Signs Two Bills Protecting Performers

The recent approval of two bills by Governor Gavin Newsom is a significant step towards safeguarding the digital representations of actors and performers in audio and visual productions. These laws, designed to promote responsible usage of Artificial Intelligence (AI) and other digital media tools within the entertainment industry, carry immense importance, providing workers with added protection.


Governor Gavin Newsom stated that despite the ever-changing landscape of AI and digital media in the entertainment industry, their main focus remains safeguarding workers. The legislation in place allows the industry to thrive and strengthens protections for workers and their usage rights. SAG-AFTRA President Fran Drescher emphasized the significance of this achievement for members and beyond, as California's actions often set a precedent for the rest of the nation.


Assembly Bill 2602, proposed by Assemblymember Ash Kalra of San Jose, mandates that contracts explicitly outline the utilization of AI-generated digital versions of a performer's voice or appearance. Additionally, it stipulates that professional representation for the performer must be involved in contract negotiations. Such measures safeguard the careers of performers and actors, guaranteeing that their voice or likeness cannot be replicated through AI without their consent.


Assembly Bill 1836, proposed by Assemblymember Rebecca Bauer-Kahan of Orinda, aims to prevent the commercial use of digital replicas of deceased performers in audiovisual works or sound recordings. This includes films, TV shows, video games, audiobooks, and sound recordings. The bill requires the consent of the performers' estates before their digital replicas can be used for any unauthorized purposes.


California has been at the forefront of utilizing transformative technologies and examining their potential risks. Their efforts have focused on using AI to address various challenges, ranging from reducing traffic to tackling homelessness. Recently, the state teamed up with NVIDIA for a groundbreaking AI collaboration and held a summit with experts to strategize how best to incorporate this technology to benefit Californians. In line with this, Governor Newsom signed an executive order last year outlining a thoughtful approach toward shaping the future of ethical, transparent, and reliable AI while maintaining their status as a world leader.


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