SAN JOSE, Calif. (KGO) — Artificial intelligence is growing fast, but laws to regulate it have been slow to follow. The state senate has now passed a bill that many are calling a win, requiring consent before using AI to recreate a dead performer’s likeness.
The rapidly developing technology of AI makes it easier than ever to impersonate famous figures, raising new concerns. Public figures and performers are worried that deepfakes and other fabricated videos could negatively impact their legacy after they are gone.
“There’s a certain integrity for yourself,” said local actor Robert Chestnut. “For someone just to be able to take it and just squash your whole character.”
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The use of AI to recreate performers – whether alive or not – has long been an issue in Hollywood, sparking strikes and outcry. While SAG-AFTRA has had a collective bargaining agreement in place, a bill passed by the California Senate over the weekend takes things a step further.
“AB 1836 is specifically aimed at providing postmortem right of publicity protection when it comes to digital replicas,” said Joseph Lawlor, a trademark attorney at Haynes Boone. “These are generally AI-generated voice or video of performers.”
Lawlor added that only around half of the states provide protections for a performer’s likeness after they die. Even so, he said growing technology needs to be reflected in existing right of publicity laws.
“Digital replicas, as the term is used in AB 1836, aren’t discussed in any of these historical right of publicity laws,” Lawlor explained. “It’s not something that people were envisioning coming into being.”
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The bill passed the Senate and now awaits Governor Gavin Newsom’s signature. Another bill, AB 2602, is also waiting his signature, working to protect living performers from having their likeness used by AI without permission from employers. SAG-AFTRA has praised the passing of both bills.
“These laws can apply to individuals that aren’t looking to put out a hit record or star in a film, simply because a lot of people’s lives are out there on social media,” said Lawlor.
Chestnut is vice president of the San Francisco NorCal SAG-AFTRA union – though he commented as a performer, not on behalf of the union. He called the bills a step in the right direction.
“Using our likeness is something we’re going to probably have to start putting in our wills because we have to remember our likeness belongs to our own estate,” Chestnut said. “It’s just a wonderful start, but we have so much more to do.”
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