In one paragraph
Louisiana's SB 426 (Act 425 of 2022), the Allen Toussaint Legacy Act, gives each person a transferable property right in their identity, including name, voice, likeness and digital replica. A digital replica is a computer-generated reproduction of a performer's likeness or voice indistinguishable from the real one. Using a person's identity for commercial purposes without consent is a violation, and so is using a digital replica in a scripted audiovisual work or live dramatic performance to create the clear impression that the performer is actually performing a role. Remedies include the greater of $1,000 or actual damages, profits and injunctions. Effective August 1, 2022.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
Studios, advertisers and AI voice or likeness tools need written consent to use Louisiana individuals' identities or performers' digital replicas.
Key provisions
- Property right in each individual's identity, including name, voice, signature, photograph, image, likeness and digital replica
- Digital replica: computer-generated or electronic reproduction of a professional performer's likeness or voice indistinguishable from the real one
- Commercial use of identity without consent is a violation (R.S. 51:470.4(A))
- Using a digital replica in a scripted audiovisual work or live dramatic work to create the impression the performer is performing is a violation (R.S. 51:470.4(C))
- Rights are heritable, licensable and transferable; written, signed licenses required
- Damages of the greater of $1,000 or actual damages, plus profits and injunctive relief; news and expressive-work protections
Latest legislative action
Jun 15, 2022. Signed by the Governor June 15, 2022; becomes Act No. 425; effective August 1, 2022
Topics and industries
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Affected industries
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error