CA AB1836: Use of likeness: digital replica.

In one paragraph

California's AB 1836 amends Civil Code § 3344.1 (post-mortem publicity rights). Anyone who produces, distributes or makes available a digital replica of a deceased personality's voice or likeness in an expressive audiovisual work or sound recording without prior consent from the rights holders is liable for the greater of $10,000 or the rights holder's actual damages. The existing exemption for films, TV, music and other expressive works does not cover such replicas. News, comment, satire, parody, fleeting or incidental uses and documentary or biographical portrayals not meant to pass as authentic recordings are exempt. Signed September 17, 2024 (Chapter 258); effective January 1, 2025.

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What it means for business

Studios, record labels, and AI and media companies that produce or distribute films, shows or recordings with a digital replica of a deceased personality's voice or likeness need the rights holders' consent unless an exemption applies, or face liability of at least $10,000.

Key provisions

1. 1Civil Code § 3344.1(a)(2): a person who produces, distributes or makes available the digital replica of a deceased personality's voice or likeness in an expressive audiovisual work or sound recording without prior consent from the person(s) holding the rights is liable to any injured party
2. 2Damages: the greater of $10,000 or the actual damages suffered by the person controlling the rights to the deceased personality's likeness
3. 3Applies notwithstanding the existing rule that plays, books, films, TV programs, musical works and similar expressive works are not products or merchandise under the statute
4. 4Digital replica: a computer-generated, highly realistic electronic representation readily identifiable as an individual's voice or visual likeness, in a recording, image, audiovisual work or transmission in which the person did not actually perform or appear, or in which the fundamental character of their performance or appearance was materially altered; authorized remixing, mastering, remastering and sampling are excluded
5. 5No consent needed for news, public affairs or sports broadcasts or accounts; comment, criticism, scholarship, satire or parody; documentary, historical or biographical portrayals (unless intended to, and they do, create the false impression of an authentic recording); fleeting or incidental uses; and ads for such works
6. 6Existing limits still apply: no action for uses more than 70 years after death, and successors or licensees cannot recover damages for uses before they register their claim with the Secretary of State
7. 7Signed September 17, 2024 (Chapter 258, Statutes of 2024); effective January 1, 2025

Latest legislative action

Sep 17, 2024. Chaptered by Secretary of State - Chapter 258, Statutes of 2024.

Sponsors

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