The union proposed the legislation out of concern over sweeping language in many performance contracts that grant rights to use an actor’s likeness “throughout the universe” and “in all media whether now known or hereafter devised.”
Those contracts — which a performer might sign to do a one-day commercial shoot — could conceivably be interpreted by clever lawyers as granting the right to use AI to create other performances. In the nightmare scenario, an actor might end up competing against their own likeness for work.
The bill would require that the rights to an AI replica must be explicitly bargained for, and the contract must include a “reasonably specific” description of the eventual use. That language also appears in the SAG-AFTRA contract with the studios.
Contracts without such language would be unenforceable.