By Bo Tefu, California Black Media

Gov. Gavin Newsom signed two bills to help actors and performers, including deceased individuals, protect their digital likeness in audio and visual content posted online.

The legislation intends to promote the responsible use of Artificial Intelligence (AI) and different forms of digital media technologies used for entertainment.

 Newsom signed Assembly Bill AB 2602, authored by Assemblymember Ash Kalra (D-San Jose) requires contracts to specify the use of AI-generated digital replicas of a performer’s voice or likeness. The bill stipulates that the performer must be professionally represented in the negotiating contract.

The law, supporters say, will protect performers, preventing the use of AI to replicate their voices and likenesses without permission.

Kalra acknowledged the impact of AI in the entertainment industry and expressed gratitude for Newsom supporting the bill.

Kalra said AB 2602 is, “a bill that will safeguard a performer’s right to their digital self and protect artists’ livelihoods. While this bill was informed by negotiations during the historic strike by SAG-AFTRA, AB 2602 shows how California can strike the right balance between AI innovation and protecting workers in the digital age.”

The second law, AB 1836, authored by Assemblymember Rebecca Bauer-Kahan (D-Orinda), prohibits the commercial use of digital replicas of deceased performers in the media without consent from the performer’s estate. The use of replicas includes, but is not limited to, various forms of media, including films, TV shows, video games, audiobooks, and sound recordings. The newly signed law will restrict the unauthorized use of digital replicas in any visual or audio recordings delivered by performers while they were still alive.

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Kahan said that the law helps protect the work of performers and prevents the harmful impact of AI when they are deceased.

“California has always had the best protections for artists in order to safeguard their work and likeness, but artificial intelligence (AI) requires us to continue to update the law to ensure that we are fully protecting our amazing performers,” said Kahan.

“It is now possible to create new performances of artists even after their death. Individuals and their estates deserve protections that extend beyond their life to ensure they control their own likeness and profit from it; that is exactly what AB 1836 does,” she said.

With the ever-evolving nature of AI and digital media, state officials and leaders in the tech industry anticipate that California will help regulate and shape legislation to address issues regarding online content and mass media.

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