On August 31, a monumental win was secured for artists and their legacies as California's Senate approved AB 1836, a critical piece of legislation supported by the Recording Academy, SAG-AFTRA, and other pro-creator rights organizations. This legislation requires explicit consent from the estates of deceased performers before their images or likenesses can be digitally replicated.
The bill, which extends California’s right of publicity to include deceased individuals, aims to curb unauthorized uses of digital replicas, encompassing any audiovisual work or sound recordings linked to performances delivered by artists when they were alive. Currently, twenty-three states recognize postmortem right of publicity either by statute or common law.
With substantial backing in both the California Assembly and Senate, AB 1836 now awaits Governor Newsom’s signature to become law. The Recording Academy has played a pivotal role in advocating for this legislation since its proposal, an exercise of our commitment to protecting artists in the evolving digital landscape.
In August, during a field hearing on "Revitalizing Struggling Downtowns Through Arts, Culture, and Entertainment," Qiana Conley Akinro, Senior Executive Director of the Recording Academy's Los Angeles Chapter, stressed the importance of legislative measures like AB 1836. She articulated the necessity of safeguards against unauthorized AI duplicates, underscoring the legislation's potential impact.
Furthermore, the Academy mobilized its members last month with an email campaign advocating for the bill's passage that successfully reached over half of the California Senate. Earlier in April, members from the Los Angeles and San Francisco chapters collaborated with California for the Arts in Sacramento to lobby for this crucial protection, illustrating the Academy's dedication to this cause.
As the Recording Academy continues its nationwide advocacy, the success of AB 1836 highlights its crucial role in shaping legislation that fosters a fairer and more supportive environment for creators. This achievement follows the Academy's involvement in similar digital replica legislation recently enacted in Tennessee and Illinois.
The ongoing battle for a brighter future for the music community is far from over. The Recording Academy is gearing up for its 10th Music Advocacy Day on October 1st, where members will have the opportunity to engage directly with their congressional representatives. This event is pivotal in advancing further protections amid technological advancements, particularly supporting the NO FAKES Act, a proposed federal bill addressing digital replicas.
For those interested in contributing to these advocacy efforts, details and registration can be found on the Recording Academy's Music Advocacy Day website.
Music Advocacy Day Returns to Mark a Decade of Influencing Policy for Music Creators
