Should You Be Forced To Work After You’re Dead? California Says No

In a move poised to reshape the future of digital media, California is set to pioneer new legislation that demands explicit consent for the use of AI-created digital replicas of both deceased and living performers. 

Governor Gavin Newsom is expected to sign into law two groundbreaking bills, with significant backing from the Screen Actors Guild‐American Federation of Television and Radio Artists (SAG-AFTRA), according to Variety. 

One of the bills, AB 1836, mandates that estates must give permission before the likenesses of deceased artists can be utilized in AI-generated content such as films, TV shows, and other media formats. This legislation is designed to help the estates of deceased performers retain control over their digital likenesses, potentially preventing unauthorized AI reproductions.

SAG-AFTRA has been a vocal advocate of AB 1836, celebrating its passage through the California state Senate. 

“For those who would use the digital replicas of deceased performers without first getting the consent of those performers’ estates, the California Senate just said NO,” stated the union in a public announcement. 

The union pointed to historical precedents where proper consent had enabled the ethical use of AI, such as the digital resurrection of Paul Walker in “Furious 7” and Carrie Fisher in “Star Wars: The Rise of Skywalker.”

Simultaneously, the California Legislature has passed AB 2602, which increases the consent requirements for AI simulations of living performers. This move coincides with growing concerns about the ethical implications of AI in media production, reflecting a broader trend towards stricter regulation and oversight in digital ethics.

The forward-thinking legislation comes at a time when AI’s role in the entertainment industry  is expanding. Startups like Narrativ and Eleven Labs have already entered into agreements with performers’ estates, allowing the use of AI to recreate iconic voices with appropriate consent and compensation.

As California’s new laws take effect, they promise to set a high standard for ethical AI use, likely influencing practices and regulations across the entertainment industry and beyond. 

As AI continues to evolve, it is progressively becoming an integral tool in fields ranging from healthcare to financial services, and from education to creative arts. By mandating explicit consent for the use of digital replicas, California is laying a foundational precedent for how AI will be ethically integrated into the workplace. 

This focus on consent and ethical use is likely to translate into stricter regulations across various sectors, necessitating a reevaluation of consent, privacy, and intellectual property rights in an AI-driven economy. 

Industries will need to adopt frameworks that prioritize transparency and accountability, ensuring that all stakeholders — whether they are performers, patients, customers, or employees — retain control over their digital identities and contributions.