What California Assembly Bill 2602 (2024) - Contracts Against Public Policy: Personal or Professional Services: Digital Replicas of Living Persons (Labor Code Section 927) requires
California Assembly Bill 2602 was approved by the Governor on 17 September 2024 (Stats. 2024, Chap. 259) and adds Section 927 to the California Labor Code. AB 2602 renders unenforceable any provision in an agreement between an individual and any other person for the performance of personal or professional services as it relates to a new performance, fixed on or after 1 January 2025, by a digital replica of the individual, where the provision meets all of three conditions: (1) the provision allows for the creation and use of a digital replica of the individual's voice or likeness in place of work the individual would otherwise have performed in person; (2) (A) except as provided in (B), the provision does not include a reasonably specific description of the intended uses of the digital replica, and (B) failure to include a reasonably specific description does not render the provision unenforceable if the uses are consistent with the terms of the contract for the performance of personal or professional services and the fundamental character of the photography or soundtrack as recorded or performed; and (3) the individual was not represented in any of (A) by legal counsel who negotiated on behalf of the individual licensing the individual's digital replica rights and the commercial terms are stated clearly and conspicuously in a contract or other writing signed or initialed by the individual, or (B) by a labor union representing workers who do the proposed work where the terms of the collective bargaining agreement expressly addresses uses of digital replicas. Section 927(b) provides that the section does not affect provisions of a contract other than a provision that falls under subdivision (a) and does not impact, abrogate, or otherwise affect any exclusivity grants contained in or related to a provision subject to subdivision (a). Section 927(c)(1) defines digital replica as a computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that is embodied in a sound recording, image, audiovisual work, or transmission in which the actual individual either did not actually perform or appear, or the actual individual did perform or appear, but the fundamental character of the performance or appearance has been materially altered. Section 927(c)(2) excludes from digital replica the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorised by the copyright holder. AB 2602 is the living-person companion to AB 1836 (postmortem digital replicas amending Civil Code 3344.1) - both bills were enacted in the same 2024 California legislative cycle as the core statutory regime for AI-generated digital replicas of natural persons in audiovisual works.
Pillar: AI Governance & Law · Authority: California State Legislature, AB 2602 (Kalra), chaptered by the Secretary of State on 17 September 2024 as Chapter 259, Statutes of 2024, adding Section 927 to the California Labor Code · Version: 1.0.0 · Last updated:
Primary source: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB2602
SHA-256 integrity: aa7b210fd1e45edb587542f0e5e72d09ab5cf7ac55120331eb478d743b9bc3e4
Primary Citations — 12 traced to source
- California Assembly Bill 2602 (Kalra), chaptered 17 September 2024 as Chapter 259, Statutes of 2024, adding Section 927 to the California Labor Code, effective 1 January 2025
- California Labor Code Section 927(a) - a provision in an agreement between an individual and any other person for the performance of personal or professional services is unenforceable only as it relates to a new performance, fixed on or after January 1, 2025, by a digital replica of the individual if the provision meets all of three conditions: (1) the provision allows for the creation and use of a digital replica of the individual's voice or likeness in place of work the individual would otherwise have performed in person; (2)(A) the provision does not include a reasonably specific description of the intended uses of the digital replica, except (B) failure to include a reasonably specific description does not render the provision unenforceable if the uses are consistent with the terms of the contract for the performance of personal or professional services and the fundamental character of the photography or soundtrack as recorded or performed; (3) the individual was not represented in any of (A) by legal counsel who negotiated on behalf of the individual licensing the individual's digital replica rights and the commercial terms are stated clearly and conspicuously in a contract or other writing signed or initialed by the individual, or (B) by a labor union representing workers who do the proposed work where the terms of their collective bargaining agreement expressly addresses uses of digital replicas
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