Gov. Gavin Newsom Signs Bills Regulating AI Performance Replicas Into Law

California Gov. Gavin Newsom has signed two union-supported bills restricting the use of AI digital replicas of performers into law.

In a symbolic move, the governor visited the Los Angeles headquarters of performers’ union SAG-AFTRA on Monday to officially greenlight the bills, AB 2602 and AB 1836, which were passed by the California state Senate in August. SAG-AFTRA sponsored both bills after instituting initial AI protections for members in its 2023 TV/theatrical contract.

More from The Hollywood Reporter

• Quinta Brunson, 'Shogun' and 'Baby Reindeer' Breakouts Kick Off Awards Weekend at Star-Studded Emmy Nominees Night

• Entry-Level Staffers Are Most Susceptible to Disruption by AI, Animation Guild Says

• Mark Ruffalo, Ramy Youssef and More Call on SAG-AFTRA Leaders to Protect Pro-Palestine Members From Being Blacklisted (Exclusive)

AB 2602 bars contract provisions that facilitate the use of a digital replica of a performer in a project instead of an in-person performance from that human being, unless there is a “reasonably specific” description of the intended use of the digital replica and the performer was represented by legal counsel or a labor union in negotiations. AB 1836, meanwhile, requires entertainment employers to gain the consent of a deceased performer’s estate before using a digital replica of that person. The new law refines an “expressive works” exemption from the state’s existing postmortem right of publicity laws that entertainment companies otherwise could have pointed to in an era of AI digital replicas.

“We talk about California as being a state of dreamers and doers. A lot of dreamers come to California but sometimes they’re not well-represented,” Newsom said in a video released on Drescher’s and the CA governor’s Instagram pages on Tuesday. “And with SAG and this bill I just signed, we’re making sure that no one turns over their name, image and likeness to unscrupulous people without representation or union advocacy.”

The bills enshrine some of the major concepts that SAG-AFTRA fought for during its 2023 into state law. In the 2023 contract reached at the end of the 118-day strike with studios and streamers, the union secured language requiring employers to get consent from performers and provide a description of intended use when using a digital replica tied to an in-person job and when using one not associated with in-person employment. The 2023 contract also requires employers to get the consent of a deceased performer’s estate (or union if no other representatives are available) for an independently-created digital replica.

In a statement, Drescher called Tuesday “a momentous day for SAG-AFTRA members and everyone.” She added that this was because “the A.I. protections we fought so hard for last year are now expanded upon by California law thanks to the Legislature and Gov. Gavin Newsom.”

The union is continuing to advocate for further regulation of AI-facilitated digital replicas and synthetic performers. SAG-AFTRA supported Tennessee’s Ensuring Likeness Voice and Image Security (ELVIS) Act, which was signed into law in March, and is pushing for the passage of a federal bill called the  Nurture Originals, Foster Art and Keep Entertainment Safe (NO FAKES) Act.

Sept. 17, 11:58 a.m. Updated to correct the date that Newsom signed the bills.

Best of The Hollywood Reporter

• How the Warner Brothers Got Their Film Business Started

• Meet the World Builders: Hollywood's Top Physical Production Executives of 2023

• Men in Blazers, Hollywood’s Favorite Soccer Podcast, Aims for a Global Empire

Sign up for THR's Newsletter. For the latest news, follow us on Facebook, Twitter, and Instagram.