SAG-AFTRA Secures Victory with California Bill to Regulate AI Replicas in Entertainment!

On Tuesday, the California Senate passed a bill endorsed by SAG-AFTRA intended to protect performers from unauthorized AI replication. AB 2642, a recent version of the legislation, would require explicit permission from performers (or their representatives) in order to use so-called “AI” software to create digital replicas.

The bill uses similar language to the contract SAG-AFTRA won from the Alliance of Motion Picture and Television Producers (AMPTP) in 2023, but it extends protections to include commercial work, video games, and non-union work.

This definition aims to provide clear legal boundaries regarding what constitutes a digital replica and under what circumstances it can be used.

These exceptions were included to address concerns raised by the Motion Picture Association (MPA), which initially opposed the bill. The MPA argued that it could interfere with common post-production techniques; however, after some amendments, the MPA shifted to a neutral position.

It’s unclear if the bill would prevent studios from refusing to hire actors who do not consent to be replicated. There are also questions about how the legislation would affect the replication of performances in which the actor is not immediately recognizable.

The entertainment industry trying to tackle AI pic.twitter.com/cXEMRrNM5F

— Mehul Desai (@TechNoirUK) August 28, 2024

This ambiguity leaves room for potential legal challenges or further clarifications in the future.

The bill will now return to the California Assembly, which must approve the changes made in the State Senate. If passed there as expected, it will be sent to California Governor Gavin Newsom. While Newsom hasn’t indicated one way or the other, it’s widely expected he will sign it into law.

However, Newsom’s recent vetoes of several bills—despite having majority support within his party and among core Democratic voters, including those in Hollywood—add an element of uncertainty to his decision on AB 2602.

Finally, some sense in a world gone digital mad!

— StarStruck Gifts (@StarstruckGifts) August 28, 2024

Over the last year, he vetoed a law that would have formally outlawed caste discrimination, a bill requiring judges to consider parental acceptance of a child’s gender identity in custody disputes, a bill intended to provide accountability in how money is spent on homelessness services and a bill that would have given striking workers unemployment benefits.

The broader context of Newsom’s political strategy could influence his decision.

If Kamala Harris wins the presidency this year, Newsom may no longer be positioning himself for a potential presidential run in 2028, which could alter his veto calculus. This uncertainty adds another layer of complexity to the bill’s fate.

Meanwhile all artist are losing their jobs in the industry.

— Olya (@OlyaKarLott) August 28, 2024

In addition to AB 2602, SAG-AFTRA is also advocating for the “No Fakes Act” on a federal level, which would make it unlawful to create a digital replica of anyone—whether a performer or a regular person—without their consent.

The union’s push for such legislation underscores the increasing concerns about AI’s impact on privacy and creative rights.

😂 Can you imagine an AI getting locked up? Robo-jail time! 🤖🚔

— Ariel (@Ariel_xxa) August 28, 2024

The federal push, along with California’s legislative efforts, reflects a growing movement to regulate the use of artificial intelligence in digital media and entertainment to ensure ethical practices are upheld.

If signed into law, AB 2602 could set a precedent for other states to follow, potentially reshaping how digital likenesses are managed in the entertainment industry.

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