Actors' AI Concerns Addressed by Legal Expert

  • Constance Rutherford
  • July 12, 2024 12:03pm
  • 337

Nicolas Cage is not alone in expressing fears about the potential misuse of actors' likenesses through artificial intelligence (AI) scans. Rob Rosenberg, founder and principal of Telluride Legal Strategies, explains how recent union negotiations have provided protections for performers thanks to last summer's actors' strike.

In an interview with The New Yorker, Nicolas Cage expressed his apprehensions about AI scans, citing fears of his body and face being manipulated without his consent. This concern stems from the increasing use of AI in the film industry, particularly for creating digital replicas of actors.

Actors' AI Concerns Addressed by Legal Expert

Actors' AI Concerns Addressed by Legal Expert

Rob Rosenberg, founder and principal of Telluride Legal Strategies, addresses these concerns by pointing to protections gained through last summer's Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) strike negotiations.

According to a summary of the new contract on SAG-AFTRA's website, employers must obtain "clear and conspicuous" consent from performers before creating "digital replicas" for a project and pay them for the time they would have otherwise worked in person.

Actors' AI Concerns Addressed by Legal Expert

Actors' AI Concerns Addressed by Legal Expert

Rosenberg emphasized that performers must consent to the creation of digital replicas and be compensated for their use in other projects. These provisions aim to address actors' fears of having their likenesses exploited without their knowledge or consent.

Cage has previously voiced his concerns about AI technology in interviews, criticizing its potential to replace human actors and the use of celebrities' likenesses after death.

Actors' AI Concerns Addressed by Legal Expert

Actors' AI Concerns Addressed by Legal Expert

In an interview with The Associated Press, Cage expressed his discomfort with the announced use of AI to recreate John Lennon's voice for a new Beatles song. He argued that it would be more appropriate to use Lennon's son, Julian, who possesses a similar vocal range.

Paul McCartney later clarified that the vocals used in the song were original, not artificially generated, after some backlash from fans.

Actors' AI Concerns Addressed by Legal Expert

Actors' AI Concerns Addressed by Legal Expert

Despite these assurances, the incident highlights the concerns surrounding the use of AI to enhance or replicate deceased performers.

Rosenberg also addressed the moral questions posed by AI technology's use to create digital likenesses of deceased celebrities. He emphasized the need for respect for the legacies of these individuals and the importance of obtaining consent from their estates.

Actors' AI Concerns Addressed by Legal Expert

Actors' AI Concerns Addressed by Legal Expert

However, he acknowledged that statutory protections for post-mortem rights of publicity vary from state to state, with some states providing greater protection than others. In California, where Cage resides, post-mortem rights of publicity extend for 70 years after death.

Overall, Rosenberg believes that while actors like Nicolas Cage may have reason to be wary of potential abuses of AI technology, they are in a better position due to the protections secured through the recent SAG-AFTRA negotiations.

Actors' AI Concerns Addressed by Legal Expert

Actors' AI Concerns Addressed by Legal Expert

He stressed the importance of actors understanding their rights and ensuring their wishes regarding the use of their likenesses after death are respected.

Actors' AI Concerns Addressed by Legal ExpertActors' AI Concerns Addressed by Legal ExpertActors' AI Concerns Addressed by Legal ExpertActors' AI Concerns Addressed by Legal Expert
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