Hollywood Has Made It Officially Illegal to

Use AI to Pass for a Human Actor

 

 

 

Will the country come after?

Acting Out California has enacted two new laws that shield actors and entertainers from artificial intelligence, possibly establishing a precedent for tech laws throughout the nation.

Although they are essentially the same as the AI protections that SAG-AFTRA established the previous year, as IndieWire points out, the new regulations go even further and cover all Californians, not just those who work in front of the camera in Hollywood.

Combining the two acts, which Governor Gavin Newsom signed into law on Tuesday, forbids using an artificial intelligence (AI)-generated digital likeness or voice of an actor, or technically, any Californian, without that person’s express permission.
The contract for a studio requesting permission to duplicate a performer must specify exactly how the AI clone will be used. It will also be illegal for studios to clone performers who have passed away unless their estates give permission.

The trade union’s president, Fran Drescher, declared at the organization’s Los Angeles headquarters, “It is a momentous day for SAG-AFTRA members and everyone else, because the AI protections we fought so hard for last year are now expanded upon by California law thanks to the Legislature and Governor Gavin Newsom.” “They say as California goes, so goes the nation!”

Hard Workers in Industry

Adopting this position is important for Newsom, who is still a contentious figure when it comes to the evaluation of Silicon Valley titans. He is balancing the needs of California’s two largest industries Hollywood and big tech by passing the laws.

Furthermore, he might be forecasting the direction of AI law nationwide because 35 of the top 50 AI startups worldwide are headquartered in California.

Since the two industries don’t always agree, it’s difficult to maintain that balance in the face of the rise of generative AI. Alternatively, the entertainment industry’s creatives have become resentful of AI, even as the big studios that hire them frequently give in to it.

Along with the protections for performers, Newsom also passed three laws to crackdown on AI deepfakes, making it illegal to create and distribute them with the intent to deceive voters during an election cycle.

Golden State’s Goose

But what could be California’s most consequential piece of AI law which the industry is ardently advocating against still hangs in the balance.

SB 1047, which was passed by state lawmakers last month but awaits Newsom’s approval, would throw a spanner into the works by potentially holding tech companies responsible for the outputs of their AI models.

Newsom, so far, has hesitated on pulling the trigger, fearing that it could stymie AI development in the state.

“We dominate this space, and I don’t want to lose that,” Newsom said Tuesday, as quoted by Bloomberg. “The impact of signing wrong bills over the course of a few years could have a profound impact” on the state’s competitiveness, he added.

But that’s a whole other can of worms. It’ll be interesting to see how California plans to enforce the sweeping set of regulations also controversial it’s already passed.