Negotiating contracts isn’t the only way SAG-AFTRA advocates for members.
Federal and state legislation can enshrine benefits and protections in law, and lobbying for these laws is an important function of the union. Here’s what we’re working on:
Federal
NO FAKES Act
The Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2023 — the NO FAKES Act — was introduced in October. The bipartisan legislation offers historic federal intellectual property protection against the misappropriation of voice and likeness performance in sound recordings and audiovisual works. It prohibits the unauthorized use of digital replicas without the informed consent of the individuals being replicated. The need to obtain a license will also apply to a deceased individual, with the rights exclusive to the executors or heir for 70 years after that person’s death.
AI Labeling Act of 2023
Introduced in the Senate, the AI Labeling Act of 2023, S.2691, would provide more transparency on content generated by AI. The bipartisan bill would help ensure people know when they are viewing AI-made content or interacting with an AI chatbot by requiring clear labels and disclosures. The AI Labeling Act would require that developers of generative AI systems include a clear and conspicuous disclosure identifying AI-generated content and AI chatbots, and make developers and third-party licensees take reasonable steps to prevent systematic publication of content without disclosures. A working group would
also be created under the bill, with leaders from government, academia, social media platforms and AI developers banding together to highlight best practices in the identification of AI-generated content, with an additional focus on disclosures.
Preventing Deepfakes of Intimate Images Act
The Preventing Deepfakes of Intimate Images Act would protect the right to privacy online amid a rise of AI and digitally manipulated content. It would make illegal the non-consensual sharing of deepfake intimate images online and create additional legal courses of action for those impacted.
California
CA AB 459
California State Assembly Bill 459 will ensure that if performers enter into an agreement regarding the use of their digital self, it is with informed consent and representation by either a lawyer or union representative. As the industry learns new ways to utilize generative AI, performers should not be exploited or manipulated into giving up the rights to their digital self. If passed, this bill would apply retroactively.
New York
Protecting Digital Replica Rights
N.Y. Senate and Assembly bills S.7676 and A.8138, like CA AB 459, require employers to provide both an opportunity for informed consent and proper representation before digital replica rights can be signed over.
Typically, the transfer of voice and likeness rights is buried deep within the fine print of contracts, with limited opportunities for performers to bargain for improved terms. This bill ensures that digital replica rights are only licensed, if at all, after informed consent and with the help of knowledgeable attorneys and the union.
Film Tax Incentive Protections
N.Y. Senate and Assembly bills S.7422-A and A.7634 were introduced to prohibit productions from receiving New York state film tax credits if they use AI in a manner that results in the displacement of human workers. Film incentives exist to stimulate jobs, and it goes hand in hand that these programs protect against the misappropriation of the tangible and intangible assets of the creative talent working on productions receiving film tax credits. In doing so, this bill would ensure that New York’s film tax incentive remains a jobs program.
Commercial Use Disclosure
N.Y. Assembly and Senate bills A.216-A and S.6859 would require that “synthetic media” or AI in commercial endeavors is always accompanied by a clear and conspicuous disclaimer. With the rapid development of technology, a viewer must trust that they can discern whether an image they are looking at is real. This bill would likewise protect New Yorkers from the duplicitous use of synthetic media by requiring all advertisements, in any medium, to disclose when synthetic media is used within that advertisement.
This item was originally featured in the SAG-AFTRA fall/winter 2023 magazine issue.