California’s Latest Move to Regulate the Use of AI Celebrities
The use of artificial intelligence (AI) in entertainment, particularly in creating AI versions of deceased celebrities, has been a topic of much debate and concern. With the rapid advancements in AI technology, it has become increasingly possible to create convincing AI replicas of famous personalities, even after they have passed away. This has raised ethical questions about the rights and privacy of these individuals, as well as the impact it has on the entertainment industry as a whole.
In response to these concerns, the California state Senate has recently passed AB 1836, a law that mandates the obtainment of explicit consent from the estates of deceased performers before creating AI replicas of them. This bill comes as a significant step towards defining how and when moviemakers and others can use AI versions of celebrities in their projects. The proposed law covers any digital recreation using AI, including still images, voice clones, and even full characters in films made long after their passing.
The passing of AB 1836 has been positively received by various stakeholders in the entertainment industry, particularly SAG-AFTRA (Screen Actors Guild-American Federation of Television and Radio Artists) and related groups. These unionized performers have long advocated for stronger protections for their members in the face of evolving AI technology. SAG-AFTRA sees AB 1836 as another win in their ongoing strategy to enhance performer protections in a world of generative artificial intelligence.
While California is not the first to address the issue of AI replicas, its legislation is notably comprehensive and may set a template for other states and countries to follow. The state’s entertainment and tech industry plays a significant role in shaping the global landscape of the entertainment industry. Therefore, the regulations established in California could serve as a model for other jurisdictions aiming to simplify matters on a global scale.
AB 1836 is not the only piece of legislation aimed at regulating AI replicas in California. The Senate also passed AB 2602, which focuses on living performers and sets stricter rules for consent before the use of AI replicas. Together, these bills demonstrate a growing recognition of the need to regulate AI’s impact on both the living and the deceased in the entertainment industry.
The passing of these bills has already sparked interest and collaboration between industry stakeholders and AI developers. SAG-AFTRA, in partnership with AI startup Narrativ, has created an online marketplace where actors can license their voices for AI voice clones while retaining control over their usage. This platform allows actors to negotiate deals and ensure their voices are used in a manner that aligns with their consent and preferences. Similarly, AI voice developer ElevenLabs has obtained legal rights to the voices of deceased Hollywood stars such as Judy Garland, James Dean, Laurence Olivier, and Burt Reynolds. This collaboration ensures that these legendary voices are used appropriately and with the consent of their estates.
The entertainment industry’s embrace of these bills and the development of new partnerships and platforms indicate a growing demand for regulations and safeguards against unauthorized use of AI replicas. AI was a central issue in the recent strike by SAG-AFTRA, and the union has been actively working towards incorporating AI protections in their contracts and agreements.
However, it is essential to consider the broader implications of these regulations beyond just deepfake casting calls. The regulations in California may prompt other states and countries to adopt similar measures, creating a harmonized approach to AI replica usage. This consistency could be beneficial for both performers and companies operating in the entertainment industry, as it would provide clear guidelines and requirements when working with AI technology.
In conclusion, California’s recent legislative efforts to regulate the use of AI replicas in the entertainment industry are a significant step towards protecting the rights and privacy of both living and deceased performers. AB 1836 and AB 2602 provide a much-needed framework for obtaining consent and ensuring ethical usage of AI technology. The legislation’s impact may extend beyond California, potentially shaping regulations in other jurisdictions globally. As AI technology continues to advance, it is crucial to establish safeguards and regulations to prevent misuse and protect the integrity of the entertainment industry.
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