After a series of appearances by deceased actors aroused outrage, a new regulation governing the use of artificial intelligence in films was passed.
California lawmakers passed the new rule in response to technological advancements that have enabled actors to successfully continue working even after they have died.
Carrie Fisher appeared in Star Wars IX: The Rise of Skywalker three years after her death, as did Paul Walker in Fast & Furious 7, which was released two years after his death.
Both Fisher and Walker’s appearances were made in collaboration with family members, however late actor Christopher Reeve’s Superman figure appeared in the 2023 film The Flash without his family’s assistance.
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With technology breakthroughs only becoming better, the California State Senate acted to ensure that studios could not employ AI to bring back characters whenever they wished.
During a bill hearing in April, lawyer Douglas Mirell cited several successful cases of AI being utilized with family approval.
Mirell stated, referring to Fisher and Walker, as well as Oliver Reed’s appearance in Gladiator and Peter Cushing in Rogue One: A Star Wars Story, that permission to use the voice and/or likeness of these deceased performers was sought and obtained from their families or other representatives of their respective estates.
“I see no reason why such consent should not continue to be sought when recognizable deceased performers are asked to portray themselves after their deaths. Simply put, passing AB 1836 will ensure this outcome for the foreseeable future.”
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The bill was approved by the state senate on Saturday (August 31), and it requires filmmakers to obtain permission from the estates of deceased actors before using their likeness to construct AI copies.
The Screen Actors Guild (SAG-AFTRA) is among those who have praised the action, particularly after a similar bill was enacted last week that prohibits living performers from being copied in artificial intelligence.
In a statement, SAG-AFTRA stated: “For those who would exploit digital reproductions of deceased artists in films, TV shows, videogames, audiobooks, sound recordings, and more, without first obtaining the consent of such performers’ estates, the California Senate simply said NO.
“AB 1836 is another victory in SAG-AFTRA’s continuous strategy to strengthen performer protections in the age of generative artificial intelligence. The passage of this bill, along with AB 2602 earlier this week, adds to our mosaic of legal and contractual protections.”
After being passed by the state senate, the law now needs Governor Gavin Newsom’s signature.
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