Golden State Today

Governor Newsom signs bills to protect digital likeness of performers

Sep 17, 2024

SACRAMENTO – Governor Gavin Newsom has signed two bills aimed at protecting the digital likenesses of actors and performers in audio and visual productions, including those who are deceased. This legislation seeks to ensure responsible use of Artificial Intelligence (AI) and other digital media technologies in entertainment by providing more protections for workers.

"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," said Governor Gavin Newsom.

The new laws were celebrated by SAG-AFTRA President Fran Drescher, who stated, "It is a momentous day for SAG-AFTRA members and everyone else because the AI protections we fought so hard for last year are now expanded upon by California law thanks to the legislature and Governor Gavin Newsom. They say as California goes, so goes the nation!"

AB 2602, authored by Assemblymember Ash Kalra (D-San Jose), mandates that contracts specify the use of AI-generated digital replicas of a performer’s voice or likeness. Performers must be professionally represented in negotiating these contracts. "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," said Kalra.

AB 1836, introduced by Assemblymember Rebecca Bauer-Kahan (D-Orinda), prohibits commercial use of digital replicas of deceased performers without obtaining consent from their estates. It aims to curb unauthorized uses of such replicas in films, TV shows, video games, audiobooks, sound recordings, and more. "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," Bauer-Kahan noted.

California continues to play a pivotal role in defining the future of AI technology. The state hosts numerous leading AI companies and research institutions. Recent initiatives include partnering with NVIDIA on an AI collaboration project and hosting an AI summit with industry leaders.

Last year, Governor Newsom signed an executive order outlining California's approach towards ethical, transparent, and trustworthy AI development while maintaining its leadership position in this field.