California Lawmakers Propose AI Regulation to Protect Actors
California lawmakers introduce legislation to protect actors and artists from being replaced or exploited by AI in the entertainment industry.
Amidst a turbulent climate of strikes and demands for improved conditions, Hollywood actors might just find an ally in California’s legislative chambers. Assemblymember Ash Kalra has stepped forward with a bold proposition to protect the identity and artistry of Hollywood’s professionals from being overshadowed, or worse, replaced, by the growing capabilities and influence of artificial intelligence.
The heart of the matter lies in the unsettling capability of AI, in particular Generative AI, to create accurate digital clones of actors, including their voice, visage, and motion. The negotiation between Hollywood stars and studios goes on as AI continues to blur the lines between reality and digital fabrication, and a pressing question arises that concerns where human artists stand and will stand in this tech-driven upheaval.
Kalra’s bill, known formally as Assembly Bill 459, seeks to address this concern. It proposes a legal recourse for actors and artists to challenge contractual provisions that permit their digital replication through AI, with the basis that every individual’s inherent right to control their own image and voice. Furthermore, the bill tackles the deep waters of contractual obligations, allowing actors and voice artists to retract rights they might have unknowingly signed away to their digital self, especially if they were not under the guidance of a labor union or attorney.
Kalra's concerns are shared by many in the industry. Duncan Crabtree-Ireland, the national executive director and chief negotiator of SAG-AFTRA, resonated similar sentiments, highlighting the urgent need to address the “unethical transfer of one’s image and likeness exploitative Performer Agreements”.
The entertainment industry has adopted AI technologies in various ways for a while now. There is no statement in response to this particular bill from the studio side yet, but the Alliance of Motion Picture and Television Producers (AMPTP) has previously acknowledged the challenges posed by AI in both screenwriting and acting, emphasizing the “creative and legal questions” for the former and importance of informed consent and fair pay for the latter.
Assemblymember Kalra is not alone in this quest. State Senator Scott Wiener (D- San Francisco) introduced an AI bill on his own, asserting the need for proactive measures to hold tech companies responsible for AI safety risks and to implement transparency and security measures.
The Assembly Bill 459 will not be considered until next year as the 2023 California legislative session just wrapped up, but it is a sneak peek into how lawmakers like Kalra and Wiener are attempting to protect human artists and workers from the rising impact of AI technologies. For many in Hollywood, it's not just about preserving their careers, but about safeguarding the very essence of their craft and art.