California Passes AI Bill: Strengthening Digital Portrait Rights for Actors

California Passes AB 2602 to Safeguard Actors' Digital Image Rights

Recently, California Governor Gavin Newsom signed the landmark AB 2602 bill, marking a significant advancement in the protection of actors' digital image rights. Set to take effect on January 1, 2025, this legislation aims to strictly regulate the use of actors' digital likenesses, ensuring their rights are effectively safeguarded in the rapidly evolving landscape of artificial intelligence (AI).

With the passage of AB 2602, California becomes the first jurisdiction in the world to provide legal protection for actors' digital images. The bill mandates that prior explicit consent and authorization must be obtained from actors before their "digital replicas" can be used in movies, television shows, video games, advertisements, audiobooks, and non-union performances. This provision seeks to prevent employers or third parties from utilizing AI technology to recreate an actor's voice or image without permission, effectively replacing the actor's actual work.

The bill offers a clear definition of "digital replicas," stating they are "computer-generated electronic representations with high realism, featuring identifiable audio or visual traits that may appear in recordings, images, or audiovisual works, even if the individual did not personally participate in the performance or only partially participated, while their fundamental nature has been significantly altered by AI technology." This precise definition ensures the bill's broad applicability.

Additionally, California has enacted AB 1836, which provides similar protections for deceased actors. Under this legislation, studios must obtain permission from the heirs of deceased actors before using AI technology to replicate their likenesses. This provision not only respects the dignity of the deceased but also enhances the framework for protecting actors' rights in the digital age.

The origin of AB 2602 dates back to April of this year, with its terms closely mirroring those agreed upon after the 2023 actors' strike against Hollywood studios, reflecting a consensus within the industry on bolstering protections for actors' rights. The bill passed the California Senate on August 27 with an overwhelming vote of 37 to 1, showcasing widespread legislative support.

As AI technology continues to advance, the urgency of protecting actors' digital images intensifies. The recent passage of this bill provides a valuable template for similar legislation across the globe, paving the way for more countries and regions to follow suit in ensuring comprehensive protection for actors' rights in the digital era.