California Governor Signs AI Digital Replica Protection Legislation
Sacramento, California — Governor Gavin Newsom has signed into law two groundbreaking bills aimed at regulating the use of Artificial Intelligence (AI)-created digital replicas of individuals. The legislation, comprising Assembly Bills AB 1836 and AB 2602, was enacted to offer stronger protections to workers in the evolving landscape of AI and digital media. In his statement, Governor Newsom highlighted the state’s commitment to ensuring that the entertainment industry thrives while also safeguarding workers' rights, emphasising the uncharted territory posed by AI advancements.
Defining Digital Replicas
Under the newly signed laws, a digital replica is defined as a "computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual." This applies to instances where the individual either did not actually perform or appear or where their performance or appearance was materially altered.
AB 2602: Labour Code Amendment
AB 2602 introduces Section 927 to the California Labour Code, which makes certain contract provisions regarding the use of an individual's digital replica unenforceable. This statute includes exceptions for union workers covered by a collective bargaining agreement that addresses digital replicas. It also makes allowances for negotiations involving legal counsel, provided the commercial terms are clearly stated and acknowledged by the individual involved.
The protections under Section 927 apply specifically to prevent the use of digital replicas in situations where the individual would have otherwise performed in person. However, these safeguards do not extend to digital replicas created for commercial purposes after a performer’s death.
AB 1836: Civil Code Amendment
Complementing AB 2602, AB 1836 modifies Section 3344.1 of the California Civil Code. This law generally prohibits the commercial use of digital replicas of deceased performers in expressive audiovisual works or sound recordings without the estate's consent. This legislation includes exceptions for news, public affairs, sports broadcasts, commentary, scholarship, satire, parody, incidental use, and biographical works, provided these uses do not falsely represent the work as an authentic recording in which the individual participated.
Violations of AB 1836 may result in the decedent’s estate being entitled to the greater of $750 or actual damages, along with any attributable profits, attorneys' fees, and potential punitive damages.
Implications and Reactions
Fran Drescher, President of the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA), attended the bill-signing ceremony. Drescher expressed that AI poses a threat not only to performers in the entertainment industry but to workers across various sectors globally.
While these new laws are primarily noted for safeguarding actors, their implications extend beyond the entertainment industry. Employers across all sectors in California are urged to consider these legislations when using digital replicas of their employees in advertising, marketing, or internal communications.
Governor Newsom's legislative action underscores California's proactive approach to navigating the complexities introduced by AI technologies in the workplace. By enacting these measures, the state seeks to balance the benefits of technological innovation with the imperative of protecting individual rights and maintaining ethical standards in the workplace.
Source: Noah Wire Services