California Governor Gavin Newsom Signs Two AI Bills to Protect Entertainment Industry Performers

With a little less than two weeks to go in this year’s signature or veto frenzy, California Governor Gavin Newsom signed two bills on September 17 related to the use of generative AI in entertainment production.

AB 2602 requires that entertainment industry contracts specify whether AI-generated digital replicas of a performer’s or actor’s voice or likeness may be used in the production. It further requires that the performer or actor be professionally represented (presumably by a qualified entertainment attorney) while negotiating the contract. The stated goal is to protect performers’ and actors’ careers by preventing their voice and likeness from being reproduced by AI without their permission. 

AB 1836 prohibits the commercial use of AI-generated digital replicas of deceased performers and actors from being used in audiovisual works (including video games) without the consent of the performer’s or actor’s estate. Unlike many other laws protecting the name, image, and likeness of an individual, the law expressly protects a celebrity’s name, image, and likeness post-mortem. The law is similar to New York’s 2020 law that prohibits the unauthorized use of an AI-generated name, image, and likeness for 40 years after the death of the performer, except that the California law extends this to 70 years after the death of the performer. 

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.

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