AI use of dead actors in movies won’t be as easy after new California law

Just weeks after Alien: Romulus brought Ian Holm back to the screen after the actor died in 2020, the California state Senate has passed a law that makes it harder for movie studios to resurrect actors with the use of AI.

Alien: Romulus’ posthumous performance isn’t the first instance of bringing actors back from the dead in new movies – it’s a practice that’s been made standard in the industry for over a decade.

From Carrie Fisher and Peter Cushing to Harold Ramis and Paul Walker, AI has made it easy to return recently deceased actors to their iconic roles.

The new bill (AB 1836), championed by the likes of SAG-AFTRA, was passed in California on 31 August, and requires consent from family estates in order to replicate an actor’s likeness for AI-created performances.

“For those who would use the digital replicas of deceased performers in films, TV shows, videogames, audiobooks, sound recordings and more, without first getting the consent of those performers’ estates, the California Senate just said NO,” SAG-AFTRA wrote in a statement.

“AB 1836 is another win in SAG-AFTRA’s ongoing strategy of enhancing performer protections in a world of generative artificial intelligence. The passing of this bill, along with AB 2602 earlier this week, build on our mosaic of protections in law and contract.”

Generally speaking, as the industry currently stands, it’s not a rule for studios to confirm consent from estates before using AI to replicate the likeness of performers. While permission is often sought out, the new bill would make this a requirement.

At the time of writing, the bill has been passed, and it still needs to be signed by Gov. Gavin Newsom in order to become law.

Audiences are generally resistant to the use of deceased actors in movies, with the most notable example in recent years being Christopher Reeve’s appearance in The Flash in 2023. Although this was achieved with CGI, his family allegedly “did not have involvement” with the cameo.

It’s a step in the right direction, though some comments on social media suggest that audiences don’t think this is enough, and would rather see the abolishment of AI resurrections altogether.

As one X user wrote: “I don’t think this should be legal even if the estate approves. You’re essentially saying you forfeit all rights after death.”

“A reminder that just because an estate got handed a giant bag of cash in order to get their okay doesn’t mean the use of AI is suddenly not creatively bankrupt and ghoulish as all hell,” said another.

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