California Passes Bill to Prohibit Unauthorized AI Replicas of Deceased Personalities

California Senate has passed Assembly Bill 1836, which bans the creation of AI-generated replicas of deceased performers without prior consent from their estates. The bill awaits approval from Governor Gavin Newsom.

California Passes Assembly Bill 1836 to Protect Rights of Deceased Performers from Unauthorized AI Use

In a significant move to regulate artificial intelligence, California Senate passed Assembly Bill (AB) 1836 on August 31, 2024, which prohibits the creation and distribution of AI-generated replicas of deceased individuals without prior consent from their estates. This legislation aims to protect the likeness and voice of performers, ensuring their digital personas are not exploited after their passing.

No Consent, No AI Replicas

The bill introduces strict penalties for anyone who generates or distributes unauthorized digital replicas of deceased personalities. These penalties include a minimum fine of $10,000 or the actual damages suffered by the estate, whichever is greater.

The bill defines a “digital replica” as a highly realistic, computer-generated representation of an individual’s voice or likeness in audio, video, or audiovisual formats. This includes any AI-generated alterations that make the person appear or perform in ways they never did, thus protecting the integrity of their legacy.

AB 1836 now sits on the desk of California Governor Gavin Newsom, awaiting final approval. Given its broad support, including from SAG-AFTRA (Screen Actors Guild‐American Federation of Television and Radio Artists), the bill is expected to pass into law.

A Major Win for Performers and Hollywood

The passage of AB 1836 is seen as a landmark victory for performers, especially in the wake of Hollywood’s ongoing concerns regarding the use of AI. Unauthorized AI replication of performers’ likenesses became a major issue during the SAG-AFTRA strike of 2023, which lasted 118 days. The strike aimed to protect performers’ digital identities from unauthorized use.

SAG-AFTRA has continued its efforts to safeguard its members from AI misuse, striking preliminary deals with record labels and ensuring proper AI protections within the entertainment industry. The concern over AI misuse has also spread to the gaming industry, where video game performers have voiced similar concerns.

AI and the Resurrection of Deceased Artists

The use of AI to recreate performances from deceased artists has become increasingly common. In 2023, Layered Reality, a British entertainment company, used AI to create a live performance of Elvis Presley, while Universal Music Group utilized AI to produce the final Beatles track, “Now and Then,” using the late John Lennon’s voice.

With AI technology advancing rapidly, concerns over its ethical use in replicating deceased personalities continue to grow, making AB 1836 a pivotal piece of legislation.

Governor Newsom’s Decision Awaits

Governor Gavin Newsom currently has several AI-related bills on his desk, including Senate Bill (SB) 1047, which advocates for the introduction of an AI “kill switch” for rogue AI models. As AI becomes a greater presence in everyday life, California’s government is pushing hard to balance innovation with protection, ensuring ethical use of the technology.

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