California passes new bill regulating digital replicas of performers

California’s efforts to regulate the use of digital replicas of performers took a significant step forward with the passage of AB 1836 in the state Senate. The new bill mandates that studios obtain explicit consent from the estates of deceased performers before creating digital replicas for use in films, TV shows, video games, and other media. The move comes just days after the California legislature passed AB 2602, which enforces similar consent requirements for living actors.

SAG-AFTRA, the union representing film and television performers, has strongly advocated for these measures, emphasising the importance of protecting performers’ rights in the digital age. In a statement released after the Senate’s approval of AB 1836, the union described the bill as a ‘legislative priority’ and urged Governor Gavin Newsom to sign it into law. The union’s stance highlights the growing concern over the unauthorised use of digital replicas, particularly as technology makes it increasingly easy to recreate performers’ likenesses long after they have passed away, keeping the audience concerned and aware of the issue.

If signed into law, AB 1836 would ensure that the estates of deceased performers have control over how their likenesses are used, potentially setting a precedent for other states to follow. However, the bill also raises practical challenges, such as determining who has the authority to grant consent on behalf of the deceased, which could complicate its implementation. The bill reflects a broader push within the entertainment industry to establish clear legal protections against exploiting living and deceased performers in the rapidly evolving digital landscape.

Alongside the AI bill, the passing of bill AB 1836 underscores California’s role as a leader in entertainment industry legislation, particularly in areas where technology intersects with performers’ rights. As the debate over digital replicas continues, the potential impact of AB 1836 on the industry could have far-reaching implications, keeping the audience engaged and interested in the future of entertainment law.