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CA AB1836

Bill

Status

Passed

9/17/2024

Primary Sponsor

Rebecca Bauer-Kahan

Click for details

Origin

State Assembly

2023-2024 Session

AI Summary

  • Creates new liability for producing, distributing, or making available a digital replica of a deceased personality's voice or likeness in audiovisual works or sound recordings without prior consent, with damages of at least $10,000 or actual damages, whichever is greater.

  • Defines "digital replica" as a computer-generated, highly realistic electronic representation that is readily identifiable as an individual's voice or visual likeness where the actual individual either did not perform/appear or the performance/appearance was materially altered.

  • Exempts digital replica uses from liability if they constitute news, public affairs, sports broadcasts, comment, criticism, scholarship, satire, parody, documentary/historical representations, fleeting/incidental uses, or advertisements for these works.

  • Excludes electronic reproductions, samples, remixing, mastering, or digital remastering of sound recordings or audiovisual works authorized by the copyright holder from the definition of prohibited digital replicas.

  • Applies to deceased personalities with commercial value of their name, voice, signature, photograph, or likeness, with rights enforceable for 70 years after death and transferable by contract or testamentary instrument.

Legislative Description

Use of likeness: digital replica.

Last Action

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

9/17/2024

Committee Referrals

Appropriations7/3/2024
Judiciary5/29/2024
Rules5/21/2024
Appropriations5/1/2024
Judiciary4/17/2024
Privacy and Consumer Protection2/12/2024

Full Bill Text

No bill text available