California Passes Law Requiring Consent for AI Digital Replicas of Dead Performers
August 31, 2024 – Media MentionLitigation Partner Doug Mirell was quoted in Variety discussing how California Assembly Bill 1836 would protect deceased performers from artificial intelligence replicas.
Excerpts:
During a hearing on the bill in April [2024], Greenberg Glusker partner Douglas Mirell pointed to recent examples of AI use in filmmaking that were successful because producers secured the consent of estates in advance.
“In 2000, the late Oliver Reed, who died during production of ‘Gladiator,’ had his performance completed with AI. In 2015, Paul Walker was reanimated with AI assistance to complete scenes in ‘Furious 7’ following his untimely death,” Mirell said. “In 2016, Peter Cushing, who passed away in 1994, was digitally recreated using AI to reprise his character’s role in ‘Rogue One: A Star Wars Story.’ Three years after her death [in December 2016], an AI Carrie Fisher appeared as the digitally reanimated princess in ‘Star Wars: The Rise of Skywalker.’”
“In each of these four instances, permission to use the voice and/or likeness of these deceased performers was sought and obtained from the families or other representatives of their respective estates,” Mirell said. “I know of no reason why such consent cannot or should not continue to be required when recognizable deceased performers are asked to portray themselves after their deaths. Put most simply, passage of AB 1836 will assure this result from now into the future.”
