What California Use of Likeness: Digital Replica of Deceased Personalities - Assembly Bill 1836 (Chapter 258 of 2024) requires
California Assembly Bill 1836, authored by Assemblymember Bauer-Kahan and enacted as Chapter 258 of the Statutes of 2024, was signed by Governor Newsom and filed with the Secretary of State on 17 September 2024. The Act amends California Civil Code Section 3344.1 (the deceased personality right of publicity statute) to expressly cover unauthorized use of a digital replica of a deceased personality's voice or likeness in an expressive audiovisual work or sound recording. A 'digital replica' under Section 3344.1 means a computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual where the individual either did not actually perform or appear, or whose performance was materially altered. The Act requires the prior consent of the persons or entities controlling the deceased personality's rights before a digital replica may be produced, distributed or made available. Violations expose the user to statutory damages of 10,000 dollars or actual damages, whichever is greater, plus profits attributable to the unauthorized use and reasonable attorney's fees. Section 3344.1 carve-outs continue to apply for news, public affairs, sports broadcasts, political campaigns, and certain expressive works including biographical and historical works, plays, books, magazines, newspapers, musical compositions, audiovisual works, radio or television programs and works of political or newsworthy value, fictional or non-fictional entertainment, advertising or commercial announcements for any such works, single original works of fine art, and satire or parody. Deceased personality rights extend 70 years after death under Section 3344.1.
Pillar: AI Governance & Law · Authority: California Legislature (Assemblymember Rebecca Bauer-Kahan, author); California Office of Legislative Counsel (Chapter 258 of 2024 enrolment); Governor Gavin Newsom (signed 17 September 2024); California Superior Courts (Civil Code Section 3344.1 enforcement); estates, successors-in-interest and authorised licensees of deceased personalities (rights administration); SAG-AFTRA and similar industry bodies (industry practice reference for likeness administration) · Version: 1.0.0 · Last updated:
Primary source: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1836
SHA-256 integrity: 3fd170b21955e0a7b1c859912ff0ba331842396d8fe6e52b06d87f4d406ea68b
Primary Citations — 7 traced to source
- California Assembly Bill 1836, Use of Likeness: Digital Replica, author Assemblymember Rebecca Bauer-Kahan, enacted as Chapter 258 of the Statutes of 2024, signed by Governor Gavin Newsom and filed with the Secretary of State on 17 September 2024
- California Civil Code Section 3344.1 amended by AB 1836 Chapter 258 of 2024 - extending deceased personality right of publicity to expressly cover digital replicas of voice or visual likeness in expressive audiovisual works and sound recordings
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