In a big win for SAG-AFTRA, the California State Senate has passed , setting a new standard for protecting performers from unauthorized AI replicas. The bill mandates that explicit permission is required before creating or using digital replicas of performers' likenesses and voices across all media forms, including video games, audiobooks, and commercials. Contracts must now include a "reasonably specific" description of how these digital replicas will be used, ensuring greater transparency and control for performers. The bill will return to the Assembly for a vote on an amendment before reaching Governor Gavin Newsom's desk for final approval.
The new legislation reflects many of the terms in the SAG-AFTRA contract that ended last year's strike, but it extends protection to a wider range of performers (commercials, audio books, videogames, etc.)
Full disclosure: I've been a card-carrying member of SAG and AFTRA (now SAG-AFTRA) for more than 40 years. Fuller disclosure: I've worked for (or owned) signatory production companies for close to 50 years. I have a foot in both camps.
What I like about this bill is the idea that our names, images, likenesses, and voices belong to us. This seems self-evident. If you use my voice (or a clone of my voice), I should be paid. If you use me in-person (or a clone of me), I should be paid.
The bill is a big win for performers, but it raises an interesting generative AI question: Where does the art of the writer (who imagines a character) and the art of the actor (who realizes a character) diverge? When is copyright law enforceable? "You are trading on my intellectual property." When is 2602 enforceable? "You are trading on my physical attributes." This may seem like a distinction without a difference, but in a world of generative AI, it is not.
Here's a prompt: "A small, green-skinned alien of unknown origin. He has long, pointed ears and claw-like hands and feet, and he wears the simple robes of a peasant monk. The character's speech is distinctive, characterized by its unique syntax, often placing the verb at the end of the sentence, which adds to his mystique and wisdom. His dialogue is filled with profound insights about the nature of fear and anger, such as, 'Fear is the path to the dark side. Fear leads to anger. Anger leads to hate. Hate leads to suffering.'"
I built this description from a couple of the Star Wars character bibles I found online. I'm not sure any of them were official writings, but the description of Yoda is close enough to get me a pretty good image. (I used DALL-E to create the image above with the first sentence of my hypothetical prompt.)
There are already laws that prohibit me from using Yoda for anything I do without a license, but there is nothing in the law (or any proposed law) that prohibits what I've done here, which was the obvious approach to take.
Oddly enough, this image by DALL-E is not copyrightable under current copyright law in the U.S. (though it may be copyrightable in Japan and a few other countries). It could infringe on someone's existing copyrights, but it would be very hard to prove. Assuming the prompt was discoverable, it is super generic.
Yoda was created by a bunch of artists who worked at LucasFilm, but the final look of Yoda is usually credited to Stuart Freeborn. The work is protected by copyright law. What's great about 2602 is that it would prohibit someone from using Frank Oz's characterization of Yoda without payment to Frank Oz (or whomever owns those rights). This is progress.
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ABOUT SHELLY PALMER
Shelly Palmer is the Professor of Advanced Media in Residence at Syracuse University’s S.I. Newhouse School of Public Communications and CEO of The Palmer Group, a consulting practice that helps Fortune 500 companies with technology, media and marketing. Named he covers tech and business for , is a regular commentator on CNN and writes a popular . He's a , and the creator of the popular, free online course, . Follow or visit .
