California Clamps Down On Digital Likenesses
Posted on Oct 19, 2024 by Samara Husbands
California passed a bill requiring consent for using deceased performers’ likenesses in digital replicas, following a similar law for living performers enacted days earlier
The state of California recently passed a bill barring the non-consensual use of dead performers’ likenesses in digital replicas, giving their estates control over AI-generated images and deepfakes. It follows a similar bill restricting the use of living performers’ likenesses, which was passed four days earlier. In both cases, it will become mandatory to obtain consent when creating a digital replica of a famous figure, living or dead.
SAG-AFTRA is among those organisations pushing for more restrictive AI-related legislation, which was a major topic of conversation during last year’s strikes. “For those who would use the digital replicas of deceased performers in films, TV shows, video games, audiobooks, sound recordings and more without first getting the consent of those performers’ estates, the California Senate just said no,” stated SAG-AFTRA.
Estates have granted consent to productions in the past; Carrie Fisher’s likeness consensually appeared in Star Wars: The Rise of Skywalker, as did Paul Walker’s in Furious 7, demonstrating that obtaining consent need not be an insurmountable legal hurdle.
At the time of writing, the bill – referred to as AB 1836 – awaits CA governor Gavin Newsom signing it into law.
First published in the November 2024 issue of Definition.
