The California Senate on Tuesday passed a bill endorsed by SAG-AFTRA intended to protect performers from unauthorized AI replication.
AB 2642, a recent version you can read here, would require explicit permission from performers (or their representatives) in order to use so-called “AI” software to create digital replicas.
“We are thrilled that one of our top legislative priorities, bill AB 2602 has passed in the State of California. The bill which protects not only SAG – AFTRA performers but all performers, is a huge step forward. Voice and likeness rights, in an age of digital replication, must have strong guardrails around licensing to protect from abuse, this bill provides those guardrails,” Duncan Crabtree-Ireland , National Executive Director and Chief Negotiator for SAG-AFTRA said in a statement.
The bill uses similar language to the contract SAG-AFTRA won from the Alliance of Motion Picture and Television Producers in 2023, but extends protections to include commercial work, video games, and non-union work.
The bill in its current form defines digital replica as: a “computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that is embodied in a sound recording, image, audiovisual work, or transmission in which the actual individual either did not actually perform or appear, or the actual individual did perform or appear, but the fundamental character of the performance or appearance has been materially altered.”
The bill would not apply to “the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyrightholder.”
It’s unclear if the bill would prevent studios from refusing to hire actors who do not consent to be replicated. It’s also unclear how it would affect replication of performances in which the actor is not immediately recognizable.
The bill will now return to the California Assembly, which must approve changes made in the state senate. If passed there as expected, it will then be sent to California Gov. Gavin Newsom. While Newsom hasn’t indicated one way or the other, it’s widely expected he will sign it into law.
Of course, over the last year Newsom has vetoed several bills that enjoyed majority support in his party and were widely supported by core Democratic voters — including in Hollywood. Among them, 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.
Then again, should Kamala Harris win the presidency this year, Newsom will likely no longer be trying to position himself for a potential presidential run in 2028. How that changes his veto calculus is anyone’s guess.