California has passed two new laws aimed at regulating the unauthorized use of AI-generated digital replicas. The legislation, which goes into effect on January 1, 2025, addresses growing concerns over the misuse of digital technology to recreate individuals’ likenesses and voices without their consent. Governor Gavin Newsom signed the bills into law on September 17, 2024, at the headquarters of SAG-AFTRA, the union representing over 160,000 performers.

This very same alow will also protect adult performers as well.

The two laws, AB 2602 and AB 1836 are designed to protect both living and deceased performers from the potential harms posed by digital replicas. The laws come at a time when artificial intelligence (AI) is playing an increasingly prominent role in industries such as entertainment, where concerns about job security and the unauthorized use of likenesses have been mounting.

Under both AB 2602 and AB 1836, a “digital replica” is defined as a “computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual.” These replicas can be used to create performances or appearances in sound recordings, images, or audiovisual works in which the actual individual either did not participate or where their performance was materially altered.

The use of digital replicas has become a controversial issue, especially as AI has been employed to create misleading advertisements that falsely imply celebrity endorsements. These replicas have sometimes been used without the performer’s consent, raising significant legal and ethical concerns.

AB 2602 focuses on preventing performers from unknowingly signing contracts that allow for the use of their digital likenesses. The law prohibits contracts from including vague terms that permit the creation of digital replicas unless specific consent is given. It also ensures that individuals are informed about how their likeness will be used and allows them to have legal representation when negotiating such terms.

The law particularly addresses concerns within the entertainment and adult industries, where performers have expressed fears that digital replicas could reduce their job opportunities by replacing live performances with AI-generated versions.

“This new law is especially critical for performers in the adult industry, where the creation of digital replicas and the use of AI-generated content is becoming increasingly common,” said Corey D. Silverstein, an adult industry attorney. “The law ensures that performers are not inadvertently signing away their rights to digital reproductions of their likeness or voice without proper legal representation or clear contractual terms.”

AB 1836 extends protections to deceased performers by amending California’s Post-Mortem Right of Publicity statute. This law prohibits the unauthorized creation and use of digital replicas of deceased personalities, ensuring that their likenesses cannot be exploited without prior consent from the appropriate parties, such as their estates.

This means that companies would now need to secure permission from a deceased individual’s estate to use their digital likeness in new performances. The law applies to expressive works, including documentaries and advertisements, and violators can face penalties of at least $10,000.

In addition to AB 2602 and AB 1836, California has passed other laws to address the broader implications of AI in society. SB 926 criminalizes the creation and distribution of sexually explicit digital replicas meant to cause harm, while SB 981 requires social media platforms to establish reporting mechanisms for such harmful content. Another law, SB 942, mandates that AI-generated content carry digital watermarks for greater transparency.

These legislative efforts reflect California’s growing focus on balancing the benefits of AI technology with the need for strong legal protections against its misuse.

California is not alone in enacting laws to regulate the use of digital replicas. Other states, including Tennessee, have passed legislation to prohibit the unauthorized use of AI in recreating individuals’ likenesses. Meanwhile, federal action may be on the horizon, with Congress considering a bill known as the NO FAKES Act, which seeks to address the potential harms posed by AI-generated digital replicas.

As AI continues to evolve, more laws are likely to follow, aiming to protect individuals from unauthorized use of their likenesses while allowing the technology to advance in a responsible and ethical manner.