The California Senate has approved a bill (AB 2602) to protect performers from unauthorized AI replicas, with said bill to soon head back to the Assembly for concurrence before it goes Governor Newsom’s desk.
The bill, one of several the Legislature is considering regarding the dangers of artificial intelligence, is a top priority for actors union SAG-AFTRA and will require explicit consent for the use of a ‘digital replica’ of a performer.
Sweeping language in many performance contracts grant rights to use an actor’s likeness effectively in perpetuity. A performer could do a one-day commercial shoot and studios use A.I. to create other performances from that.
The bill would require rights that an AI replica must be explicitly bargained for, and the contract must include a ‘reasonably specific’ description of the eventual use. Contracts without such language would be unenforceable.
The language is similar to that in the SAG-AFTRA agreement made last year, but helps cover those not currently covered by those agreements.
The news comes as SAG-AFTRA is currently on strike against the major videogame companies following negotiations stalling over AI provisions.
This is separate from the push for the more extreme ‘No Fakes Act’ which makes it unlawful to create a digital replica of anyone – performer or a regular person – without their consent.
Source: Variety
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