On Tuesday, September 26th, Governor of California Gavin Newsom signed legislation to offer protections for actors against the nonconsensual use of AI to emulate their likenesses and performances. As reported by Politico, the protections in this new law will last even after the actors’ deaths.
Governor Newsom announced the signing alongside Fran Drescher, president of SAG-AFTRA, displaying his support for acting professionals across California. “We’re making sure no one turns over their name, image, and likeness to unscrupulous people without representation or union advocacy,” he stated.
As Governor Gavin Newsom’s official website describes, the bill requires contracts to specify the use of AI-generated digital replicas of a performer’s voice or likeness. It also prohibits commercial use of digital replicas of deceased performers in films, TV shows, video games, audiobooks, sound recordings, and more unless the performer’s estate obtained expressed consent. This will block the practice of using previously recorded works of an actor to create an unlicensed AI replication.
This legislation is a victory for Hollywood professionals, who have long been battling against the potential for AI to take over their roles. As reported by AP News, the use of generative AI in the workplace was a significant point of dispute during the 2023 writer’s strike.
At the 148-day strike’s conclusion, Hollywood screenwriters negotiated restrictions on AI use in future productions. One of these restrictions included requiring studios and production companies to disclose to writers if AI generated any material given to them wholly or partially.
As the introduction of AI technologies fueled rising tensions for workers in Hollywood, actors joined writers in their demands for better protection. BBC states that SAG-AFTRA formally went on strike on July 14th, 2023. The strike concluded 118 days later when 78% of members voted favorably for a new, multi-year contract. This contract included AI protections requiring informed consent and fair compensation for living and dead performers.
While a deceased actor making a new appearance in a film was once a science fiction concept, major studios have already explored emerging technologies’ possibilities. In Disney’s Rogue One film, released in 2016, Peter Cushing’s likeness was digitally recreated and imposed on a body double. This surprise appearance came 22 years after the actor’s death and led to a lawsuit against Disney by Kevin Francis, film producer and friend of Cushing, as reported by Euro News.
Despite increasing labor actions to combat the use of AI in film productions, AI has grown prominent in Hollywood. The Hollywood Reporter reports that major productions, including A24’s Civil War and Colin and Cameron Cairnes’s Late Night With the Devil, used generative AI in their CGI work.
In the same article by the Hollywood Reporter, industry members admit that AI has become a widespread tool, particularly in the VFX departments. The new technology has made significant strides in recent years, making its usage a temptation that production teams have given in due to its ease of use. David Stripinis, a specialist who has worked on blockbusters such as Avatar, stated that AI use has become the norm despite its unpopularity, describing it as a “PR problem more than a tech problem.”
While artists and performers welcome Governor Newsom’s bill for AI restrictions, it did not come without detractors. According to Politico, the bill faced opposition from influential organizations in Silicon Valley, including OpenAI and A16Z. Among politicians, Representative Nancy Pelosi, a significant figure among Democrats and a member of Governor Newsom’s party, opposed the bill.
With millions of dollars at stake across the tech and entertainment industries, the battle over AI use in production will likely continue. Performers, writers, and artists have made grounds in the fight against AI being implemented in their work. However, the use of AI has grown pervasive across Hollywood. As the technology continues to develop, the future of AI in entertainment remains unclear.
