CA SB1111: Digital replicas.

In one paragraph

California's SB 1111 clarifies that the voice or likeness protected by Civil Code § 3344, the right to sue over knowing use of a person's name, voice, signature, photograph or likeness on products or in advertising without consent, includes a digital replica: a computer-generated, highly realistic representation readily identifiable as a person's voice or visual likeness. It drops the presumption that using an employee's incidental likeness without consent was not knowing. New Penal Code § 540 makes using a digital replica with intent to impersonate someone false impersonation for crimes such as §§ 528.5, 529 and 530. Signed September 30, 2026 (Chapter 862); effective January 1, 2027.

Plain-English summary, written with AI assistance. The official text controls.

What it means for business

Advertisers, brands and media producers: knowingly using a digital replica of a person's voice or likeness on products or in ads without consent can bring § 3344 damages (at least $750, plus profits, punitive damages and fees). Impersonating someone with a digital replica can be a crime.

Key provisions

1. 1Civil Code § 3344(f): for this cause of action a voice or likeness includes a digital replica as defined in § 3344.1, a computer-generated, highly realistic electronic representation readily identifiable as an individual's voice or visual likeness in which the person did not actually perform or appear, or whose performance or appearance was materially altered
2. 2Under § 3344, anyone who knowingly uses another's name, voice, signature, photograph or likeness on products or for advertising, selling or soliciting purchases without prior consent (a parent's or guardian's for a minor) is liable for the greater of $750 or actual damages, plus attributable profits, possible punitive damages, and attorney's fees and costs for the prevailing party
3. 3Courts may issue injunctions or temporary restraining orders; a respondent ordered to remove, recall or stop distributing the material must do so within two business days of service unless the order says otherwise
4. 4Deletes the rebuttable presumption that failing to obtain an employee's consent was not a knowing use when the employee's photograph or likeness appears incidentally in an advertisement or publication
5. 5New Penal Code § 540 (Chapter 9, "Offense Involving the Use of Artificial Intelligence Technology"): wherever false impersonation is an element of a crime, including §§ 528.5, 529 and 530, it includes using a digital replica with intent to impersonate another
6. 6Existing § 3344 exemptions remain, including news, public affairs, sports and political campaign uses, and advertising media owners and employees who did not know of the unauthorized use
7. 7Signed September 30, 2026 (Chapter 862, Statutes of 2026); effective January 1, 2027

Latest legislative action

Sep 30, 2026. Chaptered by Secretary of State. Chapter 862, Statutes of 2026.

Sponsors

Roll call votes