New law passed on controversial use of AI to 'bring back' dead actors following Superman dispute

A new law about the use of artificial intelligence in movies has been passed after various appearances from dead actors sparked controversy.

Lawmakers in California passed the new legislation in the wake of technology improvements which have made it possible for actors to effectively continue working even after their deaths.

Paul Walker was brought back for Fast & Furious 7 (Universal Pictures)

Examples include Carrie Fisher's appearance in Star Wars IX: The Rise of Skywalker three years after her death, and Paul Walker in Fast & Furious 7, which was released two years after he died.

Both Fisher and Walker's appearances were carried out in collaboration with their family members, but the family of late actor Christopher Reeve had no involvement when his Superman character appeared in the 2023 movie The Flash.

With technological advancements only getting better, the California state Senate took action to ensure that studios would not be able to use AI to bring back characters whenever they wanted.

During a hearing about the bill in April, lawyer Douglas Mirell pointed to a number of successful examples of AI being used with family consent.

Referring to Fisher and Walker, as well as Oliver Reed's appearance in Gladiator and Peter Cushing in Rogue One: A Star Wars Story, Mirell said: “In each of these four instances, permission to use the voice and/or likeness of these deceased performers was sought and obtained from the families or other representatives of their respective estates.

“I know of no reason why such consent cannot or should not continue to be required when recognizable deceased performers are asked to portray themselves after theirdeaths. Put most simply, passage of AB 1836 will assure this result from now into the future.”

The bill was successfully passed in the state senate on Saturday (August 31), and requires filmmakers to get consent from the estates of late actors to use their likeness to create AI replicas.

Reeve was known for his role in Superman before his death in 2004 (Warner Bros.)

The Screen Actors Guild (SAG-AFTRA) is among the groups that have commended the move, especially after a similar bill which cracks down on living performers being replicated in AI was passed last week.

In a statement, SAG-AFTRA said: “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.

“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.”

After being passed in the state senate, the bill now awaits the signature of Gov. Gavin Newsom.