The California state Senate has approved a bill requiring consent for the use of deceased performers’ likenesses in AI-generated digital replicas.

SAG-AFTRA has been a leading advocate for this legislation, aiming to help the estates of late performers retain control over AI-created imitations and replicas of well-known personalities. The union quickly celebrated the passage of AB 1836 in a statement following the Senate’s decision during an unusual Saturday session.

The approval of AB 1836, which now awaits Gov. Gavin Newsom’s signature, comes just four days after the Senate passed AB 2602, which strengthens consent requirements for the use of AI in replicating living performers.

“For those who would use the digital replicas of deceased performers in films, TV shows, videogames, audiobooks, sound recordings and more, without first getting the consent of those performers’ estates, the California Senate just said NO,” SAG-AFTRA said in a statement. “AB 1836 is another win in SAG-AFTRA’s ongoing strategy of enhancing performer protections in a world of generative artificial intelligence. The passing of this bill, along with AB 2602 earlier this week, build on our mosaic of protections in law and contract.”

“Both of these bills have been a legislative priority for the union on behalf of our membership and beyond, making explicit consent in California mandatory. We look forward to these bills being signed by Governor Gavin Newsom,” SAG-AFTRA said.

“In 2000, the late Oliver Reed, who died during production of “Gladiator,” had his performance completed with AI. In 2015, Paul Walker was reanimated with AI assistance to complete scenes in “Furious 7” following his untimely death,” Mirell said. “In 2016, Peter Cushing, who passed away in 1994, was digitally recreated using AI to reprise his character’s role in “Rogue One: A Star Wars Story.” Three years after her death [in December 2016], an AI Carrie Fisher appeared as the digitally reanimated princess in “Star Wars: The Rise of Skywalker.”

“In each of these four instances, permission to use the voice and/or likeness of these
deceased performers was sought and obtained from the families or other representatives of their
respective estates,” Mirell said. “I know of no reason why such consent cannot or should not continue to be required when recognizable deceased performers are asked to portray themselves after their
deaths. Put most simply, passage of AB 1836 will assure this result from now into the future.”