In a bid to shield actors, artists, and entertainers from the implications of artificial intelligence (AI), a Californian lawmaker, Ash Kalra, has put forth a bill aimed at ensuring informed consent in employment contracts concerning digital replicates. The proposed legislation, known as Assembly Bill 459, seeks to address the growing concerns surrounding the use of generative AI in the entertainment industry. Kalra, an Assembly Member representing the State of California, argues that generative AI poses a genuine threat to professionals in the entertainment sector.
California lawmaker wants to mitigate AI threat to entertainers
In order to mitigate this threat, the California lawmaker contends that the use of AI in creating digital replicates should only be permitted if a mutual agreement between the involved parties is in place. This agreement would essentially mandate informed consent and representation in the employment contracts. The legislative process for Assembly Bill 459 involves assigning the bill to a committee responsible for researching, discussing, and making necessary revisions. Once these steps are completed, the bill will be presented before the legislative chamber for a vote.
The California lawmaker expressed the need for “common sense requirements” like those proposed in AB 459, emphasizing the importance of safeguarding the rights of entertainment workers. He noted that mandating informed consent and representation would help protect workers from unknowingly relinquishing control over their digital identities, which could have far-reaching implications for their careers and livelihoods. Notably, the bill has garnered support from the Screen Actors Guild and American Federation of Television and Radio Artists (SAG-AFTRA), a major United States-based labor union representing more than 100,000 media professionals worldwide.
Duncan Crabtree-Ireland, the guild’s national executive director and chief negotiator, underscored the significance of safeguarding an actor’s digital image through consent-based laws. He emphasized that members must retain full control over the use of their digital selves through informed consent, as this control is essential for building and sustaining their careers. Crabtree-Ireland further highlighted the potential for AI copycats to lead to “abusive” and “exploitative” practices. He believes that enacting legislation is a crucial step in curbing such conduct, particularly in cases where digital content is created without full consent.
Support from industry professionals and unions
According to Crabtree-Ireland, this legislation is instrumental in ending these potentially dangerous practices. It is worth noting that the Screen Actors Guild has been actively engaged in a nearly four-month-long strike action in Hollywood, advocating for various demands, including improved base compensation and better working conditions. One of the central issues raised during these negotiations revolves around AI and its impact on the industry. Workers have been pushing for more robust protections against artificial intelligence and larger royalties for their work, commonly referred to as residuals.
The ongoing strike has brought to the forefront the concerns of entertainment professionals who seek to secure their rights and interests in an evolving industry landscape increasingly shaped by technological advancements. In a recent interview with Variety, well-known U.S. actor Sean Penn expressed his reservations about studios’ eagerness to employ actors’ likenesses and voices for future AI applications. Penn raised ethical questions regarding the use of such data and likened it to a hypothetical situation where he would seek access to a studio executive’s family data to create virtual replicas for personal use.
His comments underscore the growing scrutiny surrounding the ethical and privacy dimensions of AI replication in the entertainment world. As Assembly Bill 459 progresses through the legislative process in California, it represents a pivotal moment in addressing the intersection of AI technology and the entertainment industry. The bill aims to strike a balance between the creative potential of AI and the protection of artists’ and entertainers’ rights, setting the stage for crucial changes.
