Calif. cracks down on AI replicas

California’s new AI consent law is a win for actors, but where do we draw the line? The law's purpose is meant to help the estates of of deceased famous performers keep control over AI-created replicas. It would also set the stage for others' name and likeness to be protected. But I think about the Old Navy incident with the Kim Kardashian lookalike years ago (which settled in 2012; have a look at the images below). Even before AI reached its current level, the Kardashians took legal action because the resemblance was just close enough to cause issues. Now, with AI, we’re stepping into a world where the boundaries between imitation and originality are even blurrier. Imagine AI tools creating voices or faces that aren’t EXACT replicas but are close enough to remind you of a famous person. How will the law deal with these gray areas? Will we see new standards for “digital resemblance,” or will it be more of the same legal battles, just with higher stakes? This law is a necessary step, but it’s clear that we’re just beginning to understand the complexities AI brings to intellectual property and personal rights. #AI #DigitalRights #law ?#TechEthics #linkedinnews

SAG-AFTRA is praising the California state Senate for passing a law that restricts the usage of?artificial intelligence-created?digital replicas of dead performers.

The fact that legislation is required to stop AI companies using the likenesses of dead performers should be shocking. But tech firms have so normalised the idea of taking so much from every person they interact with (i.e. your data) that they think it’s just fine to steal a performer’s actual likeness. And as Scarlet Johannsen discovered with her voice, tech bros at AI companies don’t even care if you’re still around - they’ll still take it. But as studios and production companies try to adapt to a world where they can embrace generative AI or be left behind, will this make California’s film & tv job woes even worse? https://lnkd.in/eQ3AP7mT

This is excellent news. You can't just "borrow" the likeness of some deceased artist without consent from the estate. #SAGAFTRA says (and I agree) that this should be a national #law. https://lnkd.in/gFcVmUt3 Variety

A bill to protect performers from unauthorized AI replicas was approved by the California Senate on Tuesday and will soon head to the governor’s desk. SAG-AFTRA the actors union, made the bill one of its top legislative priorities this year. AB 2602 would require explicit consent for use of a “digital replica” of a performer. The bill mirrors language in the SAG-AFTRA contract that ended last year’s four-month strike against the film & TV studios. It would also extend those protections to videogames, audio books & commercials, and non-union work. “We’re looking to make sure people who aren’t currently covered by one of our agreements are protected,” said Jeffrey Bennett general counsel SAG-AFTRA. “We don’t want to see the next generation of performers lose all rights to voice & likeness because they don’t have any leverage or ability to effectuate fair terms.” Motion Picture Association, which lobbies on behalf of the major studios, initially opposed the bill, arguing that it would interfere with common post-production techniques. Legislators changed language to address those concerns, and the MPA took a neutral position. The Assembly approved the bill in May on a vote of 62-0. It passed the Senate 36-1. Because it was amended in Senate, it must go back to Assembly for concurrence before it goes to Gov. Gavin Newsom. Duncan Crabtree-Ireland ED of SAG-AFTRA, called it “a huge step forward.” “Voice & likeness rights, in an age of digital replication, must have strong guardrails around licensing to protect from abuse, this bill provides guardrails,” he said. Bill is one of several the Legislature is considering to address potential threats of AI. The union proposed the legislation out of concern over sweeping language in performance contracts that grant rights to use an actor’s likeness “throughout the universe” and “in all media whether now known or hereafter devised.” Those contracts — which a performer might sign to do a one-day commercial shoot — could be interpreted by lawyers as granting the right to use AI to create other performances. In the nightmare scenario, an actor might end up competing against own likeness for work. Bill would require rights to an AI replica must be explicitly bargained for, and contract include a “reasonably specific” description of use. That language also appears in SAG-AFTRA contract with studios. Contracts without such language would be unenforceable. SAG-AFTRA is currently on strike against videogame companies over AI. SAG-AFTRA is pushing for federal law, “No Fakes Act" to make it unlawful to create digital replica —whether performer or regular person — without their consent. MPA warned laws written too broadly run afoul of First Amendment by prohibiting historical figures in docudramas. After No Fakes Act revised to address, MPA gave support. SAG-AFTRA lobbying for AB 1836, which would protect the digital replicas of dead performers. The MPA is neutral. Variety Gene Maddaus #AI #entertainment