California AB 1836 (bans unauthorized AI digital replicas of dead performers)

California AB 1836 (2024) — Use of Likeness: Digital Replica (Deceased Personalities)
California · Cal. Civ. Code § 3344.1 (AB 1836, Stats. 2024, ch. 258)

Status
In effect
Took effect
January 1, 2025
Applies to
Any person who produces, distributes, or makes available digital replicas of a deceased personality's voice or likeness in expressive works.
Enforced by
None (enforced through private civil litigation by rights holders).

It is unlawful to produce, distribute, or make available a digital replica of a deceased celebrity's or performer's voice or likeness in a film, video, or sound recording without consent from whoever controls that person's rights (such as their estate). Anyone who does so is liable to the rights holder for the greater of $10,000 or the actual damages caused.

Who is protected: Deceased personalities (via their estates/successors) and the rights holders controlling their voice and likeness.

Legal detail

Amends Cal. Civ. Code 3344.1 (deceased personality rights) to make 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, liable for the greater of $10,000 or actual damages, subject to enumerated exceptions.

Key facts

JurisdictionCalifornia
LevelState
StrengthModerate
EnactedSeptember 17, 2024
CitationCal. Civ. Code § 3344.1 (AB 1836, Stats. 2024, ch. 258)
Private right of actionYes, individuals can sue
PenaltiesCivil liability of the greater of $10,000 or actual damages, subject to statutory exceptions.
Topicsdeepfakes · AI-generated images
Bill textBill Text — AB-1836 Use of likeness: digital replica

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