The California Senate recently passed a significant bill aimed at protecting performers from unauthorized AI-generated digital replicas. This bill, known as AB2602, requires the governor's approval to become effective. As a performing arts union, SAG-AFTRA considers this bill one of its primary legislative priorities for the year.
The bill mandates that performers must give explicit consent before their "digital replicas" are used. The provisions of this bill are similar to the terms of the contract between SAG-AFTRA and film production companies that concluded last year. Future protections will extend to other performance formats such as video games, audiobooks, and advertisements, including non-union work.
SAG-AFTRA's legal counsel, Jeffrey Bennett, stated that they aim to ensure protection for performers not covered by union agreements. He emphasized the importance of preserving the rights of new generations of performers over their voices and images, given their lack of negotiating power and influence.
Initially, the Motion Picture Association (MPA), representing major production companies, opposed the bill, arguing that it would interfere with common post-production techniques. However, after some wording adjustments by legislators, the MPA adopted a neutral stance towards the bill.
The bill passed unanimously in the California Assembly with a vote of 62-0 and passed in the Senate with a vote of 36-1. Since the Senate made amendments, the bill must return to the Assembly for further review before being submitted to Governor Gavin Newsom.
SAG-AFTRA's Executive Director, Duncan Crabtree-Ireland, described the bill as a "significant step forward." He noted the necessity of establishing a robust legal framework for voice and image rights in the age of digital replication to prevent misuse. This bill provides such protection.
Additionally, SAG-AFTRA is pushing for a federal bill, the "No Fakes Act," which would make the creation of digital replicas without consent illegal. The MPA has warned that overly broad legislation could infringe upon First Amendment freedoms, particularly in documentaries involving historical figures.
SAG-AFTRA is also promoting another bill, AB1836, to protect the digital replicas of deceased performers. The MPA maintains a neutral stance on this bill as well.
Key Points:
🎭 **Protection Measures**: California passes AB2602, requiring explicit consent for using performers' digital replicas.
📜 **Legislative Process**: The bill passed both the Assembly and Senate and needs further review in the Assembly before governor's approval.
🤖 **Future Outlook**: SAG-AFTRA is also advocating for the federal "No Fakes Act" and AB1836 to protect deceased performers' digital replicas.