California Gov. Gavin Newsom signed off Tuesday on legislation aiming at protecting Hollywood actors and performers against unauthorized artificial intelligence that could be used to create digital clones of themselves without their consent.
The new laws come as California legislators ramped up efforts this year to regulate the marquee industry that is increasingly affecting the daily lives of Americans but has had little to no oversight in the United States.
The laws also reflect the priorities of the Democratic governor who's walking a tightrope between protecting the public and workers against potential AI risks and nurturing the rapidly evolving homegrown industry.
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“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,” Newsom said in a statement. "This legislation ensures the industry can continue thriving while strengthening protections for workers and how their likeness can or cannot be used.”
Inspired by the Hollywood actors' strike last year over low wages and concerns that studios would use AI technology to replace workers, a new California law will allow performers to back out of existing contracts if vague language might allow studios to freely use AI to digitally clone their voices and likeness. The law is set to take effect in 2025 and has the support of the California Labor Federation and the Screen Actors Guild-American Federation of Television and Radio Artists, or SAG-AFTRA.
A big step forward for protecting workers in the evolving AI space!@SAGAFTRA President @FranDrescher joins Gov. @GavinNewsom to celebrate two new laws ensuring performers' legal rights when negotiating digital replicas & setting rules for recreating performers who've passed. pic.twitter.com/WyrqyJGvzB
— California Governor (@CAgovernor) September 17, 2024
Another law signed by Newsom, also supported by SAG-AFTRA, prevents dead performers from being digitally cloned for commercial purposes without the permission of their estates. Supporters said the law is crucial to curb the practice, citing the case of a media company that produced a fake, AI-generated hourlong comedy special to recreate the late comedian George Carlin’s style and material without his estate’s consent.
“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,” SAG-AFTRA President Fran Drescher said in a statement. "They say as California goes, so goes the nation!”
California is among the first states in the nation to establish performer protection against AI. Tennessee, long known as the birthplace of country music and the launchpad for musical legends, led the country by enacting a law protecting musicians and artists in March.
Supporters of the new laws said they will help encourage responsible AI use without stifling innovation. Opponents, including the California Chamber of Commerce, said the new laws are likely unenforceable and could lead to lengthy legal battles in the future.
The two new laws are among a slew of measures passed by lawmakers this year in an attempt to reign in the AI industry. Newsom signaled in July that he will sign a proposal to crack down on election deepfakes but has not weighed in other legislation, including one that would establish first-in-the-nation safety measures for large AI models.
The governor has until Sept. 30 to sign the proposals, veto them or let them become law without his signature.
