Digital replicas.

Plain English Breakdown

The bill text does not provide specific details about the use or regulation of digital replicas in other areas beyond civil causes of action and criminal provisions.

Digital Replicas in Contracts

This law updates existing rules about using someone's voice or image without permission, now including digital replicas and removing some old rules.

What This Bill Does

• Adds digital replicas to the list of things that need consent before use.
• Defines a digital replica as a computer-generated, highly realistic electronic representation that is readily identifiable as an individual’s voice or visual likeness.
• Removes provisions establishing a rebuttable presumption when an employee's photograph or likeness appears in advertisements or publications without their consent.
• Clarifies that using a digital replica to impersonate another person with the intent to steal or defraud is illegal.

Who It Names or Affects

• People whose voice or image might be used without permission in ads or other publications.
• Businesses that use digital replicas of people's voices or images.
• The Contractors State License Board and those excluded from licensure under certain conditions.

Terms To Know

Digital replica

A computer-generated, highly realistic electronic representation that is readily identifiable as an individual’s voice or visual likeness.

Civil cause of action

The right to sue someone for breaking the law and getting money as compensation.

Limits and Unknowns

• Doesn't say exactly how digital replicas will be used or regulated in other areas.
• This bill has passed both chambers but hasn't been signed into law yet.

Official Summary Text

SB 1111, as amended, Ashby.
Contractors.
Digital replicas.
Existing law creates a civil cause of action against any person who knowingly uses the name, voice, signature, photograph, or likeness of another person, without their consent, for specified purposes. When a photograph or likeness of an employee of the person using the photograph or likeness appearing in an advertisement or other publication is incidental and not essential to the purpose of the publication, existing law establishes a rebuttable presumption affecting the burden of producing evidence that failure to obtain the consent of an employee was not a knowing use of an employee’s photograph or likeness.
This bill would clarify that, for purposes of this cause of action, a voice or likeness includes a digital replica, defined to mean a computer-generated,
highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual 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. The bill would also remove the provisions establishing the rebuttable presumption when an employee’s likeness or photograph appears in an advertisement or other publication.
Existing law prohibits the false impersonation of another person in either their personal or official capacity with the intent to steal or defraud, as specified.
This bill would clarify that false impersonation includes the use of a digital replica with the intent to impersonate another for purposes of these and other criminal provisions.
Existing law, the Contractors State License Law, establishes the Contractors State License Board to license and regulate contractors, as defined. Existing law excludes certain persons from licensure and regulation pursuant to the Contractors State License Law, including, among others, an owner who builds or improves a structure on their property if specified conditions are met.
This bill would make nonsubstantive changes to the provision described above that excludes certain persons from licensure and regulation pursuant to the Contractors State License Law.

Current Bill Text

Download Bill PDF