The California Senate has passed a bill that could have severe ramifications for how AI is used within the entertainment industry.
California Assembly Bill 2602 is headed to the Governor of the state for a signature, with many people believing Governor Newsom will sign. The purpose of AB 2602 is to protect performers from unauthorized use of their digital replicas, such as computer-generated representations of their voice or likeness.
This bill is meant to cover agreements involving digital replicas, particularly in the entertainment industry, and will cover video games, audiobooks, and television commercials. What's more, the bill requires performers to have legal or union representation in negotiations involving digital replicas.
AI's ability to copy the likenesses of famous people has been a controversial topic, considering that these people make their money by cultivating a certain image.
Joaquin Phoenix, for instance, has famously taken a stand against the fishing industry and is an avowed vegan. Current AI models make it possible to create a television commercial showing Phoenix promoting a fish sandwich served at a chain restaurant. This would not only be personally hurtful to the actor but would also tarnish his reputation for those who believed the actor was going back on his veganism.
Supported by SAG-AFTRA and the California Labor Federation, this bill is meant to avoid such harms to those in the public lights. The bill will apply retroactively, requiring parties to notify individuals by February 1, 2025, if existing agreements contain unenforceable provisions. While this bill would strike any unenforceable digital replica provision from contracts, any exclusivity clause in the contract would remain valid.
As one might imagine, the Motion Picture Association opposes the bill unless it is amended. Representatives cite concerns over the collective bargaining agreements contained within the bill.
While much of AB2602 pertains to the entertainment industry, it clearly has implications for all those who contribute to the internet.
For instance, a particular reporter may be quite angry that a certain AI chat platform has used information gleaned from one of their articles without proper attribution. Perhaps one day that reporter, whoever they are, will have legal recourse to protect their intellectual property.
