California is one step closer to defining how and when filmmakers and others can use AI versions of celebrities in their projects. The California State Senate passed AB 1836, a law requiring those who want to make an AI replica of a deceased performer to obtain explicit consent from their heirs. The bill now goes to Gov. Gavin Newsom, who is likely to sign it thanks to backing from unionized performers at SAG-AFTRA and related groups.
The law covers any digital recreation that uses AI. That can mean a still image, a voice clone playing a new role, or even an entire character in a film made long after the artist’s death. Regardless of the purpose, producers must obtain consent from the deceased performer’s heirs or legal representative. The new bill comes on the heels of the Senate passing the related AB 2602. That bill focuses on living performers and sets stricter rules for consent before AI replicas can be used. Taken together, these bills represent a growing recognition of the need to regulate the impact of AI on both the living and the deceased in the entertainment industry.
“The California Senate just said NO to those who want to use digital replicas of deceased performers in films, television shows, video games, audiobooks, sound recordings, and more, without first obtaining consent from those performers’ estates,” SAG-AFTRA said in a statement. “AB 1836 is another victory in SAG-AFTRA’s ongoing strategy to enhance performer protections in a world of generative artificial intelligence.”
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The union has already pushed for deals around the bill’s structure even before it becomes law. For example, SAG-AFTRA and AI startup Narrativ partnered to create a new online marketplace where actors can license their voices as AI voice clones while also controlling where and how the voices are used. Similarly, AI voice developer ElevenLabs made a deal with the estates of several deceased Hollywood stars, including Judy Garland, James Dean, Laurence Olivier, and Burt Reynolds, to obtain the legal rights to their voices for new AI-created performances.
SAG-AFTRA’s embrace of the bill is not surprising, given the past year or so. AI was central to the union’s recent strike, and AI protections were built into the new TV and film master contract model. But the bills may mean much more for the AI space than just deepfake casting calls. California could set a model thanks to the strength of the state’s entertainment industry and technology. Other states and countries can model their own regulations on the same premise to simplify things on a global scale.
“The passage of this bill, along with AB 2602 earlier this week, expands our patchwork of protections in law and in contracts,” SAG-AFTRA wrote. “Both bills have been a legislative priority for the union on behalf of our members and beyond, making explicit consent mandatory in California. We look forward to Governor Gavin Newsom signing these bills into law.”
