California Governor Enacts Rules Limiting AI Actor Replicas

California Governor Gavin Newsom has enacted two bills designed to safeguard performers from having their likenesses simulated by AI digital replicas.

The legislature passed AB 2602 and AB 1836, both supported by SAG-AFTRA, in August as part of a broader effort to regulate AI at the state level. AB 2602 prohibits contract clauses allowing companies to use a digital version of a performer in place of the actual human actor unless the performer has precise knowledge of how their digital likeness will be utilized and is represented by either legal counsel or a union representative.

Similarly, AB 1836 mandates that, in the case of deceased performers, entertainment companies must obtain consent from the performer’s family or estate before creating or distributing a digital replica. This law clarifies that such replicas do not qualify for an exemption that permits artistic representations of people’s likenesses without permission, thus addressing a potential loophole for AI companies.

In a video posted on Instagram, Governor Newsom emphasized the importance of protecting individuals’ names, images, and likenesses from being exploited without proper representation. He was joined by SAG-AFTRA President Fran Drescher in the announcement.

The enactment of these bills could influence the fate of another significant legal measure affecting the AI industry, SB 1047, which is currently awaiting Governor Newsom’s decision. SAG-AFTRA has expressed public support for SB 1047, although the bill faces substantial opposition from industry stakeholders, who are lobbying for its veto before the September deadline.

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