Using AI to Replace an Actor Is Now Against the Law in California

[UselessKit]

Using an AI-generated digital replica to replace the contributions of an actor or performer’s voice or likeness — whether that individual is living or dead — is now against the law in California.

California Governor Gavin Newsom on Tuesday signed a pair of bills that extend SAG-AFTRA’s recently won protections for AI into California law.

The first bill, AB 1836, “prohibits the use of a deceased person’s voice or likeness in digital replicas without the prior consent of their estate,” according to SAG-AFTRA. The second, AB 2602, “prohibits contractual provisions that would allow for the use of a digital replica of an individual’s voice or likeness in place of the individual’s actual services,” unless the individual gave their consent to a clear, specific description of how the AI would be used.

[Stanryder]

So now every movie studio will just add that to their contracts. Heck they’ll probably make it part of their streaming services ToS if they can legally enforce it.

[Gary Klein]

It's worth noting that "AI" is not mentioned in either bill at all. It's a ban on all digital replacements of actors.

There are two bills, one smaller one (very short and readable) that was then expanded.

This ban on all digital replacement means scenes such as Grand Mof Tarkin in Rogue One or Proximo's last scene in Gladiator would be illegal to make today†. Interestingly it doesn't prohibit analog replacements of an actor, which means Jeffrey Weissman's portrayal of Crispin Glover/George McFly in Back to the Future would still be allowed (per this bill, though doing this sparked its own series of lawsuits at the time, which Crispin won).

† Without the permission of either the actor, or the designated surviving family members with rights per AB-1836's SEC. 2. Section 3344.1 (d).

[Daniel Red]

What about everyone else being replaced?

[Fringe Try]

I believe Michelle Hurd talked a bit about this battle with studios during the strike in her episode of The D-Con Chamber.

She actually talked quite a bit about the negotiation process and it was eye opening how much shit they put actors through, especially day actors.