Signed by Governor Gavin Newsom

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that establishes new regulations and civil liabilities considering the unauthorized usage of deceased persons likeness for entertainment purposes in California.

Highlights:

• Establishes new regulations and civil liabilities considering the unauthorized usage of deceased persons likeness for entertainment purposes in California (Sec. 2).

• Specifies individuals who produce, distribute, or make available the digital replica of a deceased personality’s voice or likeness in an expressive audiovisual work or sound recording without specified prior consent liable to any injured party in an amount equal to the greater of $10,000 or the actual damages suffered by a person controlling the rights to the deceased personality’s likeness, except as prescribed (Sec. 2).

• Defines “digital replica” to mean a computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that is embodied in a sound recording, image, audiovisual work, or transmission in which the actual individual either did not actually perform or appear, or the actual individual did perform or appear, but the fundamental character of the performance or appearance has been materially altered (Sec. 2).

• Specifies that the provisions of this bill shall take effect immediately upon passage and approval by the Governor (Sec. 2).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that establishes new regulations and civil liabilities considering the unauthorized usage of deceased persons likeness for entertainment purposes in California.

Highlights:

• Establishes new regulations and civil liabilities considering the unauthorized usage of deceased persons likeness for entertainment purposes in California (Sec. 2).

• Specifies individuals who produce, distribute, or make available the digital replica of a deceased personality’s voice or likeness in an expressive audiovisual work or sound recording without specified prior consent liable to any injured party in an amount equal to the greater of $10,000 or the actual damages suffered by a person controlling the rights to the deceased personality’s likeness, except as prescribed (Sec. 2).

• Defines “digital replica” to mean a computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that is embodied in a sound recording, image, audiovisual work, or transmission in which the actual individual either did not actually perform or appear, or the actual individual did perform or appear, but the fundamental character of the performance or appearance has been materially altered (Sec. 2).

• Specifies that the provisions of this bill shall take effect immediately upon passage and approval by the Governor (Sec. 2).

Full Bill Text