Governor Newsom Signs Into Law Generative AI Regulations and Exemptions To Protect Rights of Independent Filmmakers
On September 17, 2024, California Governor Newsom signed CA AB 1836, a groundbreaking bill approved by the California Senate in August that will amend the right of publicity statute in California to prohibit the use of digital replicas of deceased individuals without their consent. CA AB 1836 also outlines exceptions, permitting filmmakers to use digital replicas of deceased individuals in documentaries, biographical films, and other forms of free speech.
As has been customary for over two decades, Donaldson Callif Perez (DCP) penned a letter earlier in the month on behalf of the International Documentary Association (IDA), Film Independent, and Women in Film to support the exemptions in AB 1836 solidifying filmmakers’ rights to free speech. The firm and respective industry organizations strongly believe these exemptions are crucial to protecting the free speech interests of filmmakers.
In the letter, DCP Partner Dale Nelson praised Governor Newsom for “doing the right thing, allowing independent and documentary filmmakers to continue to create compelling art.” She added, “We will continue to actively and aggressively lobby for independent filmmakers who need a voice to assist with legislative issues.”
Read the full press release below.
Governor Newsom Signs Into Law Generative AI Regulations and Exemptions To Protect Rights of Independent Filmmakers
For Immediate Release
September 19, 2024 – Los Angeles, CA – On September 17, 2024, California Governor Newsom signed two groundbreaking bills, AB 1836 and AB 2602, into law that protect the digital likeness of performers. AB 1836, passed by the CA Senate last month, amends the right of publicity statute in California to prohibit the use of digital replicas of deceased individuals without prior consent or the consent of their Estates. AB 2602 requires contracts to specify the use of AI-generated digital replicas of a performer’s voice or likeness, and the performer must be professionally represented in negotiating the contract.
As has been customary for over two decades, Donaldson Callif Perez (DCP) penned a letter earlier in the month on behalf of the International Documentary Association (IDA), Film Independent, and Women in Film to support the exemptions in AB 1836, permitting filmmakers to use digital replicas of deceased individuals in documentaries, biographical films, and other forms of free speech. The firm and respective industry organizations strongly believe these exemptions are crucial to protecting the free speech interests of filmmakers.
In the letter, DCP Partner Dale Nelson wrote:
“Exemptions of this type for expressive works within any digital replica legislation are crucial to protecting free speech and to (quoting a California appellate court) ‘safeguard the storytellers and artists who take the raw materials of life including the stories of real individuals, ordinary or extraordinary—and transform them into art.’ The members of Film Independent, IDA and WIF regularly create and distribute hundreds of documentaries, docudramas, and other films and series, which tackle tough issues and tell stories of historical significance and public importance.”
Nelson added: “We are quite pleased with Governor Newsom doing the right thing, allowing independent and documentary filmmakers to continue to create compelling art. We will continue to actively and aggressively lobby for independent filmmakers who need a voice to assist with legislative issues.”
Donaldson Callif Perez, authors of “Clearance & Copyright: Everything You Need to Know for Film, Television, and Other Creative Content, represents award-winning independent and documentary filmmakers and serve as leaders in independent film advocacy efforts. They regularly spearhead amicus brief efforts in court cases, and provide a voice in legislative matters that will impact the filmmaking community.