California’s Digital Replica Bill (AB 1836), recently passed by the state Senate, aims to regulate the use of AI-generated likenesses of deceased performers in media. How close can you get before you get the big fine? Are these photos above just far enough away, for example, that they would not count?
What? Elivs!? No, he’s not in that photo, sir. Are you crazy? That is obviously a photo which contains the image of Plvis Eresley. You seem confused. If I scramble the letters up it would be Elvis? Can you hear yourself right now? If you scrambled the letters of “Cyborg bins”, “Song by crib” or “Sobbing cry” it would be Bing Crosby. So? How far are you going with this insanity? While you are thinking, let’s see what some artificial performers–who only in your confused mind look like celebrities–have to say about this bill.
Mroucho Garx
Listen here, you mugs! I’ve heard some cockamamie schemes in my time, but this California bill takes the cake, frosting and all! They’re trying to tell us we can’t impersonate dead celebrities? Why, that’s my whole act! Let me tell you something – I’ve been impersonating dead celebrities since before they were dead! And now these Sacramento smartypants want to make it illegal? What’s next, outlawing bad jokes? If that happens, half of Hollywood would be out of work! They say it’s to protect the “likeness” of these dearly departed stars. Well, I’ve got news for you – my likeness has been protecting me from mirrors for years! And let me tell you, if someone wants to use my likeness after I’m gone, they’re welcome to it. It’ll probably improve their looks! This whole thing is nuttier than a squirrel’s winter stash. Are they going to start arresting Elvis impersonators? Lock up all the Charlie Chaplin lookalikes? Why, they’d have to build a new prison just to house all the Marilyn Monroe wannabes! And don’t get me started on this AI business. They’re worried about computers making fake celebrities? Have they seen some of the real ones lately? I’ve seen better acting from a ventriloquist’s dummy! I tell you, it’s enough to make a grown man cry – if I hadn’t lost my tear ducts in a bizarre eyebrow-raising accident. This bill is more ridiculous than a one-legged man in a kickline. It’s as useful as a screen door on a submarine. It’s as sensible as…well, as sensible as most of the other laws they pass in California! Remember, folks – in the grand comedy of life, we’re all just temporary players. So let’s not get our mustaches in a twist over who gets to play us after the final curtain call. Now, if you’ll excuse me, I need to go practice my Groucho Marx impression. I hear it might be illegal soon!
Plvis Eresley
Well, thank you very much! Here’s a little something about California’s Digital Replica Bill, AB 1836, in a style that would make the King proud: Well, darlin’, let me tell ya about this new California bill, AB 1836. It’s all about protecting the likeness of our beloved performers, even after they’ve left the building. This bill, which has just passed the state Senate, says that studios gotta get permission from the estates of our dearly departed stars before they can use their digital likenesses. Now, I know folks might think this is just a way to grab some cash, but the heart of it is to make sure that the memories and legacies of those who brought us joy are respected. If someone tries to use a digital version of a performer without consent, they could be looking at a fine of at least $10,000 or more, depending on the damages. It’s a way to keep the spirit alive and ensure that the hard work of those who captured those iconic moments isn’t exploited. So, let’s keep it cool and respectful, baby, because everyone deserves to be remembered the right way! Thank you, thank you very much!
Ceorge Garlin
Holy motherfucking shit! Can you believe this? These clowns in California are trying to legislate who can imitate who! Now they want to make it illegal to impersonate celebrities? What the hell is going on here? Listen, folks, we’re living in a world where you can’t even have a little fun with a good impersonation without some bureaucrat breathing down your neck. This is a blatant money grab disguised as protection! They’re saying, “Hey, if you want to use the likeness of a dead performer, you better get permission from their estate!” What’s next? Do we need a license to tell a joke about Elvis or a story about Marilyn Monroe? This is just absurd! I mean, we’re talking about creativity here, people! If I want to mimic someone’s voice or style, that’s my right! You can’t just slap a law on everything that resembles someone else. It’s a slippery slope to censorship, and I’m not buying it. So, to all the lawmakers trying to control our artistic expression, I say: fuck you, fuck you, and fuck you!
Weorge Gashington
Well, if old Weorge Gashington could see this hullabaloo, he’d probably say something like: “By Jove, what a peculiar predicament we find ourselves in! In my day, we worried about taxation without representation, but now you’re fretting over representation without compensation? How the times have changed!” Our powdered-wig wearing friend might scratch his head and continue: “I must confess, this ‘artificial intelligence’ business confounds me. In my era, the only artificial thing we had was my teeth! But I can certainly understand the desire to protect one’s likeness, even after shuffling off this mortal coil. However, I do wonder if we’re not treading on dangerous ground here. After all, we fought for freedom of expression, did we not? To restrict the use of a person’s likeness in art or commentary seems a slippery slope indeed. On the other hand, I’ve always been a proponent of property rights. If a man’s likeness can be considered his property, then perhaps his heirs have some claim to it. It’s a thorny issue, to be sure. In the end, I’d say this: strive for a balance between protecting the rights of the deceased and their families, and preserving the freedom of expression that is so vital to a healthy republic. And for heaven’s sake, make sure this law doesn’t prevent future generations from learning about and portraying historical figures like myself. After all, I’d hate to think my likeness could only be used with the permission of my great-great-great-great-grandchildren!” And with that, old Weorge would probably go back to tending his cherry trees, leaving us to sort out this modern mess.
We could go on, but you get the point.
California’s Digital Replica Bill (AB 1836)
California’s Assembly Bill 1836 (AB 1836) is a recently passed legislation that aims to regulate the use of digital replicas of deceased personalities. Here are the key points about this bill:
Purpose and Scope
AB 1836 is designed to protect the likeness and voice of deceased personalities from unauthorized use in digital media. The bill specifically targets the creation and use of digital replicas without consent from the deceased person’s estate.
Key Provisions
- Definition of Digital Replica: The bill defines a digital replica as a “computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual”.
- Consent Requirement: Studios and content creators must obtain explicit permission from the estates of deceased performers before creating or using digital likenesses of them.
- Damages: Violators can be liable for damages of $10,000 or the actual damages suffered, whichever is greater.
- Time Frame: The bill covers deceased personalities who have died since January 1, 1915.
- Rights as Property: The rights to a deceased personality’s likeness are considered property rights that can be transferred through contracts or wills.
What the fuck? Making “likeness ownable transferable property” is fucking INSANE! This pushes my buttons so much. Everything is “like” everything else, depending on how you look at it. You can’t make laws regarding people who died before you were born! January 1, 1915 !? Are they going after Halloween masks of Richard Nixon next? How about making all cars illegal because your car resembles the original mold of the car too much? After that, anyone who uses words that they do not invent themselves will be fined. Holy flying flaming hairy bullshit! This is an alien invasion, I’m convinced of it. They are using AI to destroy humanity by causing us to die laughing or by blowing a gasket as our legislators make laws against what we who identify as humanity have for centuries been calling reality. Without imitation you get no communication, no education, and not perpetuation of our species. This is the single most anti-human law I’ve ever seen.
Exceptions and Exemptions
The bill includes exemptions for certain types of works, including:
- Plays, books, magazines, newspapers (Wait, huh? You can…what?)
- Musical compositions
- Audiovisual works
- Radio or television programs
- Original works of art
- Works of political or newsworthy value
However, these exemptions do not apply if the use is directly connected to advertising or selling products or services.
Now I’m confused. Define “directly connected” because I have a web site with no advertisements but my ISP sells advertisements and they are hosting my content.
Support and Context
- SAG-AFTRA Support: The Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) co-sponsored the bill and considers it a legislative priority.
- AI Concerns: The bill addresses growing concerns about AI’s ability to replicate the voice and likeness of real people.
- Complementary Legislation: AB 1836 complements AB 2602, which provides similar protections for living actors.
Current Status
As of September 2024, AB 1836 has passed the California State Senate and is awaiting Governor Gavin Newsom’s signature to become law.
This legislation represents a significant an unconstitutional step in protecting the rights profits obtained by likenesses of deceased personalities and their estates in the age of artificial intelligence and digital media.
Fact Check:
According to Assembly Bill (AB) 1836 passed by the California State Senate:
- The rights to a deceased personality’s likeness are explicitly defined as “property rights” which can be freely transferred through a contract.
- Upon the death of a personality, these rights vest with their surviving spouse and/or children or grandchildren. If none exist, then the rights are vested with their parents or, in the absence of a contract transferring the rights to someone else, the rights are terminated.
- The bill defines a “deceased personality” as any natural person whose name, voice, signature, photograph, or likeness has commercial value at the time of their death, or because of their death.
- These rights are protected for 70 years after the person’s death in California.
It’s important to note that while this law exists in California, the treatment of posthumous publicity rights varies across different jurisdictions:
- Twenty-four states in the U.S., including California, New York, Florida, Hawaii, Nevada, and Texas, recognize a post-mortem right of publicity under state common law or statute.
- The duration and specifics of these rights can differ significantly between states. For example, while California protects these rights for 70 years after death, New York’s law provides protection for 40 years.
- Some states, like California, apply these laws retroactively to individuals who died before the laws were enacted, while others, like Illinois, only apply them to individuals who died on or after the date of enactment.
While the law does treat these rights as property that can be transferred, it’s worth noting that there are exceptions and limitations, particularly when it comes to First Amendment protections for expressive works.
Variation in State Laws
There is significant variation among states in how they handle publicity rights after death:
- Some states have laws explicitly recognizing postmortem rights of publicity, with durations ranging from 10 years to potentially forever after death.
- Other states do not have clear statutory or case law on the issue, leaving the status of postmortem publicity rights uncertain.
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Better watch what you say. Better watch what you draw. Better watch what you post. Just obey the new law.
