California passes a law governing the use of AI in cinema

Governor Gavin Newsom signed this text encouraged by the actors' union.

Unique of its kind, a law has just been adopted in California limiting the use of AI both on social networks and in cinema. Thus, the actors can, among other things, no longer be replaced by AI. A process strongly criticized by SAG-AFTRA, the Federation of American Audiovisual Artists, for whom it was the door open to films shot entirely using artificial intelligence. The end of cinema as we know it since the Lumière brothers. And the opportunity to do without many technicians, meaning probable large-scale layoffs.

Thanks to this law which bears the seal of the governor of California and rising star of the Democratic Party, Gavin Newsom, cinema professionals are now protected. Not insignificant in a state that is the birthplace of Hollywood.

In detail, the prohibited text “the use of a deceased person's voice or image in digital replicas without the prior consent of their estate” and prohibited “contractual provisions that would allow the use of a digital replica of an individual's voice or image in place of the individual's actual services“.

Unless the individual has given consent to a clear and specific description of how the AI ​​would be used, its use is prohibited.

Regarding deceased persons, the California bill removes certain existing exceptions that were in place for cinematographic, television and audiovisual works.

We remember that SAG-AFTRA went on strike last year, joining the movement initiated by the screenwriters' union. She demanded, in unison, more social protections, supervision of platforms and a limitation of the use of artificial intelligence as well as remuneration for everything that involves the use of AI. If she won her case in California, this is not the case at the federal level, even if a bill was recently submitted to the United States House of Representatives

Newsom traveled to SAG-AFTRA headquarters in Los Angeles to sign each of the bills. He was joined by the Federation's President, Fran Drescher, and its National Executive Director and Chief Negotiator, Duncan Crabtree-Ireland.

“This is a momentous day for SAG-AFTRA members and everyone else, as the AI ​​protections we fought so hard for last year are now expanded under California law thanks to the legislation and to Governor Gavin Newsom,” Drescher said. The latter, for his part, came up with a very political formula that he would like to be self-fulfilling: “They say California goes with the nation!”

“SAG-AFTRA Congratulates Governor Newsom,” said Crabtree-Ireland. “AB 1836 and AB 2602 (the name of the laws, editor’s note) represent much-needed legislation that prioritizes the rights of individuals in the age of AI. No one should live in fear of becoming someone else's unpaid digital puppet. Governor Newsom has led the way in protecting people – and families – from AI replication without true consent.”

These laws also punish the authors of deepfakes, who will have to remove their publications. Not insignificant in the state of Silicon Valley, when Elon Musk or Donald Trump used this process to ridicule, in the middle of the presidential campaign, the Democratic candidate Kamala Harris.