New law protects the face, name, image, and likeness of deceased artists from unauthorized replication by generative AI.

September 18, 2024 - Sacramento, CA – Assemblymember Bauer-Kahan (D-Orinda), Chair of the California State Assembly Privacy and Consumer Protection Committee, announced on Tuesday that Governor Gavin Newsom has signed AB 1836 into law. This groundbreaking legislation, sponsored by SAGAFTRA, aims to prevent the exploitation of deceased performers by generative AI, prohibiting the unauthorized replication of their likenesses without consent.

“I am grateful Governor Newsom signed AB 1836." said Assemblymember Bauer-Kahan. "CA has always had the best protections for artists in order to safeguard their work and likeness, but artificial intelligence (AI) requires us to continue to update the law to ensure that we are fully protecting our amazing performers. It is now possible to create new performances of artists even after their death. Individuals and their estates deserve protections that extend beyond their life to ensure they control their own likeness and profit from it; that is exactly what AB 1836 does."

The new law closes a loophole in California’s Right of Publicity statute, which previously exempted the likeness of deceased individuals from protection in creative works. AB 1836 addresses the growing concern that generative AI tools could be used to digitally recreate new performances of deceased artists, without their or their families’ consent, for movies, television shows, and other entertainment purposes.

“Thank you Assembly member Bauer-Kahan for partnering with SAG-AFTRA on AB 1836 and championing it through the legislative process. With this crucial piece of A.I. legislation now signed into law by Gov. Newsom, your efforts have resulted in essential protections for Californians, their families, and their legacies in this new technological era. All of us at SAGAFTRA are grateful for your advocacy, and we look forward to working with you in the coming decade on future public policy that prioritizes humanity.” said Duncan Crabtree-Ireland, SAGAFTRA National Executive Director and Chief Negotiator.

Supporters of AB 1836 include:

• SAG-AFTRA (Sponsor)
• Artists Rights Alliance (ARA)
• Black Music Action Coalition
• California Labor Federation, AFL-CIO
• Music Artists Coalition (MAC)
• Recording Academy
• Songwriters of North America
• Various individuals
  Source: Assemblymember Bauer-Kahan