Report on California’s Legislative Measures for Digital Likeness Protection and Alignment with Sustainable Development Goals

Date: September 17, 2024

Subject: Analysis of new legislation (AB 2602 and AB 1836) protecting performers’ digital rights and its contribution to the UN Sustainable Development Goals.

Executive Summary

The State of California has enacted two significant legislative bills aimed at regulating the use of Artificial Intelligence (AI) and digital replicas in the entertainment industry. The legislation requires explicit consent for the use of a performer’s likeness, providing critical protections for both living and deceased individuals. These measures are a direct response to the challenges posed by emerging technologies and are fundamentally aligned with key principles of the 2030 Agenda for Sustainable Development, particularly concerning decent work, responsible innovation, and strong legal institutions.

Detailed Legislative Provisions

Governor Gavin Newsom signed two bills that establish a legal framework for the use of digital replicas of performers. This framework is designed to safeguard workers’ rights and ensure the ethical application of AI in creative industries.

AB 2602: Protections for Living Performers

• Mandates that any contract permitting the use of an AI-generated digital replica of a performer’s voice or likeness must explicitly state the terms of use.
• Requires that the performer must have professional legal representation when negotiating such a contract.
• This provision directly supports SDG 8 (Decent Work and Economic Growth) by ensuring fair negotiations and protecting the livelihoods of actors and performers from unauthorized digital replication.

AB 1836: Posthumous Digital Replica Protections

• Prohibits the commercial use of digital replicas of deceased performers in media such as films, television, video games, and audio recordings without obtaining prior consent from the performer’s estate.
• This law extends an individual’s right to control their likeness beyond their lifetime, securing their legacy and potential earnings for their heirs.
• This aligns with SDG 16 (Peace, Justice, and Strong Institutions) by strengthening legal frameworks to protect personal rights, even posthumously, in the face of new technological capabilities.

Alignment with Sustainable Development Goals (SDGs)

The new legislation represents a significant step in aligning technological advancement with sustainable and equitable development principles. The laws’ impact can be assessed against several SDGs.

SDG 8: Decent Work and Economic Growth

This legislation directly promotes Target 8.5 (full and productive employment and decent work for all) and Target 8.8 (protect labor rights and promote safe and secure working environments).

1. Safeguarding Livelihoods: By requiring consent and professional representation, the laws ensure that performers are fairly compensated and maintain control over their digital likeness, which is a core component of their professional identity and economic viability.
2. Promoting Fair Contracts: The legislation establishes a higher standard for contracts involving AI, preventing exploitation and ensuring that economic growth in the entertainment industry does not come at the cost of workers’ rights.
3. Adapting to a Changing Economy: The laws proactively address the economic disruption caused by AI, providing a model for how labor protections can evolve with technology.

SDG 9: Industry, Innovation, and Infrastructure

The bills contribute to Target 9.5 (enhance scientific research, upgrade the technological capabilities of industrial sectors) by creating a framework for responsible innovation.

• Fostering Ethical Innovation: The legislation encourages the entertainment and technology industries to innovate ethically, ensuring that human rights and consent are central to the development of new AI tools.
• Building Regulatory Infrastructure: California is establishing a clear and resilient legal infrastructure to govern the use of AI, which is critical for sustainable industrial development and building trust in new technologies.

SDG 16: Peace, Justice, and Strong Institutions

The core of the legislation is the strengthening of legal rights and institutions, directly supporting Target 16.3 (promote the rule of law) and Target 16.10 (ensure public access to information and protect fundamental freedoms).

• Strengthening Legal Rights: The laws affirm an individual’s fundamental right to control their own identity, extending this protection into the digital realm.
• Developing Accountable Institutions: By passing this legislation, California demonstrates its role in creating effective and accountable institutions capable of governing complex modern issues like AI, setting a potential precedent for national and international policy.

Conclusion: A Framework for Responsible AI Governance

California’s new laws on digital likeness are a landmark effort to balance technological progress with the protection of human dignity and labor rights. As a global leader in both the entertainment and technology sectors, the state’s actions provide a crucial model for governance. By embedding principles of consent, fair compensation, and legal protection into its approach to AI, California is not only protecting its workers but also actively contributing to the global vision outlined in the Sustainable Development Goals, ensuring that the future of innovation is both equitable and sustainable.

SDGs Addressed in the Article

SDG 8: Decent Work and Economic Growth

• The article’s central theme is the protection of workers’ rights and livelihoods in the entertainment industry against the backdrop of technological change. The signing of the two bills is explicitly framed as a move to “strengthen protections for workers.” Governor Newsom is quoted as saying, “our North Star has always been to protect workers.” This directly aligns with promoting decent work.

SDG 9: Industry, Innovation, and Infrastructure

• The article discusses the need to manage technological advancements, specifically Artificial Intelligence (AI), responsibly. It highlights California’s role as a leader in AI and the legislative effort to “strike the right balance between AI innovation and protecting workers.” This addresses the goal of fostering innovation while ensuring it is sustainable and inclusive.

SDG 16: Peace, Justice and Strong Institutions

• The article details a legislative action where the government (a key institution) is creating laws (AB 2602 and AB 1836) to establish a clear legal framework. This action promotes the rule of law by giving performers legal rights and recourse concerning their digital likeness. Assemblymember Bauer-Kahan notes that AI “requires us to continue to update the law to ensure that we are fully protecting our amazing performers,” which is an act of strengthening institutions to provide justice.

Specific Targets Identified

Under SDG 8: Decent Work and Economic Growth

• Target 8.5: By 2030, achieve full and productive employment and decent work for all women and men… and equal pay for work of equal value.
  • The article supports this target by focusing on legislation that safeguards performers’ careers and livelihoods. Bill AB 2602, which “requires contracts to specify the use of AI-generated digital replicas” and ensures the “performer must be professionally represented in negotiating the contract,” aims to ensure fair compensation and working conditions in the digital age.
• Target 8.8: Protect labour rights and promote safe and secure working environments for all workers…
  • This target is directly addressed through the new laws. The article states the legislation gives “workers more protections” and safeguards a “performer’s right to their digital self.” The bills are a direct implementation of policies to protect the labor rights of actors and performers.

Under SDG 9: Industry, Innovation, and Infrastructure

• Target 9.b: Support domestic technology development, research and innovation… including by ensuring a conducive policy environment.
  • The article describes California’s efforts to create a policy environment where AI innovation can coexist with worker protections. Governor Newsom’s statement that the legislation “ensures the industry can continue thriving while strengthening protections for workers” and the mention of his executive order on “ethical, transparent, and trustworthy AI” exemplify the creation of a conducive policy environment for sustainable industrial and technological development.

Under SDG 16: Peace, Justice and Strong Institutions

• Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.
  • The article highlights the creation of specific laws (AB 2602 and AB 1836) that establish legal rights for performers. Bill AB 1836, which “prohibits commercial use of digital replicas of deceased performers… without first obtaining the consent,” provides a legal basis for estates to seek justice and control the likeness of deceased individuals, thereby promoting the rule of law in a new technological domain.

Indicators Mentioned or Implied

For SDG 8 Targets

• Implied Indicator: Existence and implementation of national/state-level legislation to protect labor rights in emerging industries.
  • The article’s entire focus is on the signing of two specific bills, AB 2602 and AB 1836. The existence of this legislation serves as a direct indicator of progress towards protecting labor rights (Target 8.8).
• Implied Indicator: Regulations ensuring fair negotiation and consent in employment contracts.
  • The description of AB 2602, which “requires contracts to specify the use of AI-generated digital replicas” and mandates that a “performer must be professionally represented,” implies a measurable standard for what constitutes a “decent work” contract in this context (Target 8.5).

For SDG 9 Targets

• Implied Indicator: Adoption of public policies and executive orders to promote sustainable and ethical innovation.
  • The article explicitly mentions Governor Newsom’s “executive order laying out how California’s measured approach will focus on shaping the future of ethical, transparent, and trustworthy AI.” This policy document is a clear indicator of the state’s strategy to create a conducive policy environment for innovation (Target 9.b).

For SDG 16 Targets

• Implied Indicator: Enactment of laws that extend legal protections to address new technological challenges.
  • The signing of AB 1836 to protect the likeness of deceased performers and AB 2602 for living performers are concrete indicators of the legal system adapting to promote the rule of law and provide access to justice in the face of AI developments (Target 16.3).

Summary of Findings

Source: gov.ca.gov