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California first state to claim using AI to replace an actor is now against the law

Hollywood needs to embrace AI, says Jason Blum
Bang Showbiz / VideoElephant

California has become the first US state to claim that using AI in order to replace a real actor is against the law.

With artificial intelligence becoming increasingly prevalent in our daily lives, and the technology becoming more and more sophisticated, California has passed two bills to protect actors over concerns they may be replaced by AI. It comes as deepfake videos become more widespread.

On 17 September, California Governor Newsom passed two AI-based bills into law with the aim of protecting actors and their likenesses from being copied.

Assembly Bill 2602 (AB 2602) and Assembly Bill 1836 (AB 1836) both introduce new requirements that ensure the ethical use of AI.

According to AB 2602, a contract between an individual and anyone else can be rendered “contrary to public policy” if it, “allows for the creation and use of a digital replica of the individual’s voice or likeness in place of work the individual would otherwise have performed in person.”

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As part of the law, “digital replica” refers to “computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual”.

Meanwhile, AB 1836 prohibits the creation and distribution of a digital replica of a deceased person’s “voice or likeness in an expressive audiovisual work or sound recording” without prior consent.

California has also ushered in the landmark Transparency in Frontier Artificial Intelligence Act (TFAIA) – a law designed to ensure safe and transparent use of AI.

The TFAIA is the first state law to require large AI companies to disclose their safety measures, report high-risk incidents and protect whistle-blowers. It also mandates AI developers to publish transparency reports about their new AI models.

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