Newsom signs bills to protect artists from AI replicas

SACRAMENTO, Calif.  (CN) — California Governor Gavin Newsom signed a pair of bills Tuesday that will require third parties to get the consent of actors and performers to use their digital likenesses, strengthening protections for those workers as AI technology rapidly advances.

Newsom signed the bills at the headquarters of SAG-AFTRA in Los Angeles. SAG-AFTRA is the world’s largest labor union representing performers in the media and entertainment industry, and the union has been one of the biggest supporters of AI regulation in the recent past. Digital replica concerns led to a five-month strike by the union last year.

“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,” Newsom said in a press release announcing the signings.

Assembly Bill 2602 by Assemblymember Ash Kalra, a San Jose Democrat, requires contracts to specify the use of AI-generated digital replicas of a performer’s voice or likeness. In addition, the performer must be represented by a professional when negotiating any contract to use their likeness. and the performer must be professionally represented in negotiating the contract.

“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. While this bill was informed by negotiations during the historic strike by SAG-AFTRA, AB 2602 shows how California can strike the right balance between AI innovation and protecting workers in the digital age,” Kalra said.

Assembly Bill 1836 by Assemblymember Rebecca Bauer-Kahan, an Orinda Democrat, prohibits commercial use of digital replicas of dead performers in movies, TV shows, video games, audiobooks, sound recordings and more without first obtaining the consent of the deceased performer’s estate.

AB 1836 aims to eliminate unauthorized uses of digital replicas. The bill’s protections encompass any audiovisual work or sound recordings linked to performances delivered by artists when they were alive, but does have some exceptions for news, public affairs and sports broadcasts, as well as for other uses like satire, parody, criticism, and for certain documentary, biographical or historical projects.

The signing of the new bills comes on the heels of consternation from the public and government about misuses of AI. In August, Republican presidential nominee Donald Trump’s campaign used an AI-generated image of Taylor Swift to make it appear she endorsed him, and former OpenAI and Google AI employees were set to testify before a Senate Judiciary subcommittee on Tuesday about the regulation of AI.

In August, California Senator Scott Wiener, a San Francisco Democrat, wrote a bill that would require large-scale AI models to undergo safety testing before deployment. The bill, which has the support of many Hollywood celebrities, sits on Newsom’s desk. The governor has until Sept. 30 to sign the bill.

SAG-AFTRA president Fran Drescher applauded the bills.

“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!” Drescher said.

Newsom also signed a package of bills Tuesday aimed at cracking down on deceptive campaign ads and deepfake election content.

Assembly Bill 2655 by Menlo Park Democrat Assemblymember Marc Berman requires large online platforms to remove or label deceptive or digitally altered or created election content, and to set up mechanisms for users to report such content.

AB 2839 by Assemblymember Gail Pellerin, a Santa Cruz Democrat, expands the timeframe in which political entities are barred from distributing ads or other election materials containing deceptive AI-generated or manipulated content. And AB 2355 by Assemblymember Wendy Carrillo, a Democrat from LA, requires election ads that have been AI-generated or substantially altered to disclose these facts.