New California Laws Slam Restrictions on Artificial Intelligence

With the growing use of AI across various industries, new regulations are emerging to address the ethical challenges of the technology. Recently, the State of California passed two AI-related bills aimed at protecting the image rights of content creators and film performers. On September 17, Governor Gavin Newsom signed AB 2602 and AB 1836 into law, both designed to safeguard the image rights of living and deceased film performers by restricting the use of their likeness in deepfake AI content without proper consent.

Last year, the use of AI-generated images of TV and radio performers sparked intense debate between the Screen Actors Guild – American Federation of Television and Radio Artists (SAG-AFTRA) and the Alliance of Motion Picture and Television Producers (AMPTP). SAG-AFTRA, advocating for performers’ rights, argued that performers deserved more than a one-day payment for the repeated use of their likeness in AI-generated avatars for commercial purposes. The AMPTP opposed these demands.

Unable to reach a compromise, SAG-AFTRA initiated a strike that brought Hollywood productions to a standstill for about a month. However, in November, both sides reached an agreement that required performers’ consent and fair compensation for the use of their images in AI-generated content.

The new laws address this issue in two stages. The first, AB 2602 was introduced in September 2023 by Assemblymember Ash Kalra. It mandates that contracts clearly specify how a performer’s image will be created and used through AI technology. Additionally, the bill requires that performers signing such contracts have access to legal counsel. However, a key shortcoming of this bill is the absence of legal penalties for violators.

The second law, AB 1836, introduced by Assemblymember Rebecca Bauer-Kahan, extends protections to deceased performers. It prohibits the digital replication of a late performer’s likeness without explicit permission from their representatives or estates. Unlike AB 2602, this bill imposes fines of $10,000 or more for violations.

These new laws have received praise from SAG-AFTRA, which has been advocating for performers’ rights in the context of AI-generated replicas since last year.