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The California Senate has passed a bill that would ban unauthorized AI-generated replicas of deceased individuals.
The state legislature is actively working to legislate new laws related to the development, implementation, and use of artificial intelligence. Most recently, on August 31, the California state Senate passed House Bill 1836, which would require prior express consent for the production of AI-generated replicas of deceased artists.
No replicas without consent The bill would impose a fine equal to the amount of actual damages suffered by the rights holder of the deceased’s likeness or a fine of $10,000 for anyone who unauthorizedly produces, distributes, or makes available a digital replica of a person’s voice or image.
According to the bill, a “digital replica” is defined as a highly realistic, computer-generated representation of an individual’s voice or visual likeness in a medium such as a sound recording, image, audiovisual work, or publication.
This crime includes AI interventions that alter an individual’s performance or appearance or alter the essential character of the performance or appearance. The bill is awaiting approval by California Governor Gavin Newsom.
The bill is supported by the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA), one of the largest performing arts unions in the United States, and others, and is therefore expected to pass. Hollywood and the Struggle Against AI The imitation of performers’ likenesses by AI has long been a contentious issue in Hollywood. It was one of the main negotiating points during the 118-day SAG-AFTRA strike in 2023.
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SAG-AFTRA’s fight against the misuse of its members’ likenesses by AI continued in April 2024, when it signed a preliminary agreement with major record labels against AI misuse.
In July, video game performing artists who are members of the union launched a strike over concerns about AI protections and “abuse” in the gaming industry.
We’ve also seen AI used to “resurrect” deceased artists. British entertainment company Layered Reality used AI to create a live performance of Elvis Presley using old personal photos and home video clips.
In November 2023, Universal Music Group (UMG) released the Beatles’ final song — “Now and Then” — by reproducing John Lennon’s vocal track using AI.
Governor Newsom has several AI-related bills on his desk, including the controversial Senate Bill 1047, which advocates for AI safety and an off-switch for AI models that “go astray.”
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