New California Law: You Can’t Make AI Clones Without Permission

California Governor Gavin Newsom has enacted two bills aimed at safeguarding performers from having their likenesses replicated by AI digital avatars.

New California Law You Can't Make AI Clones Without Permission

Supported by SAG-AFTRA, the bills—AB 2602 and AB 1836—were approved by the California legislature in August and are part of a broader initiative for state-level AI regulations.

AB 2602 prohibits contractual agreements that would allow companies to employ a digital version of a performer in place of the actual actor, unless the performer is fully aware of how their digital representation will be utilized and has legal or union representation.

AB 1836 mandates that entertainment companies must obtain consent from the family or estate of a deceased performer before creating or distributing a “digital replica” of them.

This legislation clarifies that these replicas are not exempt from the rules allowing artistic representations of individuals’ likenesses without permission, effectively addressing what The Hollywood Reporter identifies as a possible loophole for AI firms.

In a video shared on his Instagram on Tuesday, Governor Newsom stated, “We’re ensuring that no one hands over their name, image, and likeness to unscrupulous individuals without proper representation,” as he stood alongside SAG-AFTRA president Fran Drescher.

The signing of these two bills could positively influence the outcome of California’s SB 1047, which is currently awaiting Newsom’s decision and is considered a major legal challenge for the AI industry.

SAG-AFTRA has publicly endorsed SB 1047, but the bill faces significant pushback from much of the AI sector, which has until the end of September to advocate for its veto.

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