Hollywood needs permission to create AI deepfakes of long-gone stars
California is one step closer to defining how and when filmmakers and others can use AI versions of celebrities in their projects. The California State Senate passed AB 1836, a law that would require those wishing to create an AI replica of a deceased entertainer to obtain explicit permission from their estate. The bill now heads to Governor Gavin Newsom, who is expected to sign it into law thanks to support from the artists’ union SAG-AFTRA and related groups.
The law applies to any digital recreation using AI, whether it’s a still image, a voice clone playing a new role, or even an entire character in a film created long after their death. Regardless of the purpose, producers must seek permission from the deceased performer’s estate or legal representative. The new law comes on the heels of the Senate’s passage of related AB 2602, which focuses on living performers and imposes stricter rules on consent before AI replicas can be used. Together, these laws represent a growing recognition of the need to regulate the impact of AI on both the living and the dead in the entertainment industry.
“To those who would use digital replicas of deceased artists in movies, TV shows, video games, audiobooks, sound recordings, and more without first getting permission from those artists’ estates, the California Senate just said NO,” SAG-AFTRA said in a statement. “AB 1836 is another victory in SAG-AFTRA’s ongoing strategy to strengthen protections for artists in a world of generative artificial intelligence.”
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The union has already encouraged deals built around the bill’s structure before it becomes law. For example, SAG-AFTRA and AI startup Narrativ have partnered to create a new online marketplace where actors can license their voices as AI voice clones, while choosing where and how the voices are used. Similarly, AI voice developer ElevenLabs struck a deal with the estates of several late Hollywood stars, including Judy Garland, James Dean, Laurence Olivier and Burt Reynolds, to gain legal rights to their voices for new AI-created performances.
SAG-AFTRA’s embrace of the law isn’t surprising, given the past year or so. AI was at the center of the union’s recent strike , and AI protections were built into the new master TV and film contract template . But the bills could do much more for the AI space than just deepfake casting calls. California could provide a template, thanks to the strength of the state’s entertainment and tech industries. Other states and countries could build their own regulations on the same premise, simplifying matters on a global scale.
“The passage of this bill, along with AB 2602 earlier this week, builds on our mosaic of protections in law and contract,” SAG-AFTRA wrote. “Both bills have been a legislative priority for the union on behalf of our members and beyond, making explicit consent mandatory in California. We look forward to these bills being signed into law by Governor Gavin Newsom.”
