Nicolas Cage's concerns about AI scans being used without actors' consent have sparked a discussion about the legal implications of this technology. Rob Rosenberg, founder and principal of Telluride Legal Strategies, offers insights into the protections actors have gained following last year's strikes.
Actors' concerns about artificial intelligence (AI) scans being used without their consent have been addressed by legal experts. Rob Rosenberg, founder and principal of Telluride Legal Strategies, explains how recent industry negotiations have strengthened protections for performers.
AI Scans and Actors' Consent: Legal Expert Outlines New Protections
Nicolas Cage has been vocal about his apprehension regarding AI, expressing fears about his likeness being used without his permission. However, Rosenberg notes that the actors' strike last summer resulted in significant protections against such unauthorized use.
"The strike last year and the negotiations that were done by SAG-AFTRA, this was a huge topic in those negotiations," Rosenberg said. "And the good news is that there were certain protections that came out of that that I think directly address these concerns being raised."
AI Scans and Actors' Consent: Legal Expert Outlines New Protections
Under the new contract, employers must obtain "clear and conspicuous" consent from performers before creating "digital replicas" for a project. Additionally, performers must be compensated for time they would have worked in person, and any subsequent use of these replicas requires their consent and additional compensation.
Rosenberg emphasizes that actors' names and likenesses are protected by rights of publicity, a form of intellectual property that safeguards against the misappropriation of their image for commercial gain. While rights of publicity vary from state to state, California's post-mortem right of publicity law provides protection for 70 years after death.
AI Scans and Actors' Consent: Legal Expert Outlines New Protections
"There’s been a movement for years and years to try to create a national right of publicity statute, but it just has not caught traction yet," Rosenberg said.
Nicolas Cage has also voiced concerns about AI being used in the Beatles' final song, which incorporated John Lennon's vocals. While initial reports suggested the use of AI to create Lennon's vocals, McCartney later clarified that the vocals were original and not computer-generated.
AI Scans and Actors' Consent: Legal Expert Outlines New Protections
"We've seen some confusion and speculation about it," he said on X. "Can’t say too much at this stage but to be clear, nothing has been artificially or synthetically created. It’s all real and we all play on it."
Rosenberg highlights the moral questions surrounding the use of AI in this context, particularly when it involves deceased personalities.
AI Scans and Actors' Consent: Legal Expert Outlines New Protections
"There is a moral question behind all of this that isn’t governed by statute," Rosenberg said. "Ideally, you’d hope that people would do the right thing, honor the legacy of our legends, but I think, unfortunately, some of these statutes, some of these protections, came about after some of these personalities have died."
He advises actors to carefully consider their rights of publicity and ensure their wishes are respected after their passing.
AI Scans and Actors' Consent: Legal Expert Outlines New Protections
"I would say Nicolas Cage is probably in good shape," Rosenberg said. "I think as long as he chooses who will inherit his rights of publicity after he’s gone and that they understand his wishes. He’s probably much more protected than Marilyn Monroe or James Dean if people are unhappy with the way those are being exploited right now."
