Rebecca Bauer-Kahan
- Democratic
- Assemblymember
- District 16
Author
Existing law establishes a cause of action for damages on behalf of specified injured parties for the unauthorized use of a deceased personality's name, voice, signature, photograph, or likeness in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods, or services within 70 years of the personality's death, except as specified. Existing law specifies that for the above-described provision, a play, book, magazine, newspaper, musical composition, audiovisual work, radio or television program, single and original work of art, work of political or newsworthy value, or an advertisement or commercial announcement for any of these works, shall not be considered a product, article of merchandise, good, or service if it is fictional or nonfictional entertainment, or a dramatic, literary, or musical work. This bill would 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 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. The bill would define "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.
Chaptered by Secretary of State - Chapter 258, Statutes of 2024.
Approved by the Governor.
Enrolled and presented to the Governor at 4 p.m.
In Assembly. Concurrence in Senate amendments pending.
Read third time. Passed. Ordered to the Assembly. (Ayes 32. Noes 4.).
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 57. Noes 8.).
Assembly Rule 63 suspended. (Ayes 53. Noes 15.)
Read second time. Ordered to third reading.
From committee: Amend, and do pass as amended. (Ayes 5. Noes 1.) (August 15).
Read second time and amended. Ordered returned to second reading.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (July 2).
Read second time and amended. Re-referred to Com. on APPR.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 59. Noes 0. Page 5312.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 11. Noes 0.) (May 8).
Read second time and amended.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 30).
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
Read second time and amended.
From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 8. Noes 0.) (April 16).
From printer. May be heard in committee February 16.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB1836 | HTML |
| 01/16/24 - Introduced | |
| 04/18/24 - Amended Assembly | |
| 04/25/24 - Amended Assembly | |
| 05/02/24 - Amended Assembly | |
| 07/03/24 - Amended Senate | |
| 08/15/24 - Amended Senate | |
| 09/05/24 - Enrolled | |
| 09/17/24 - Chaptered |
| Document | Format |
|---|---|
| 04/14/24- Assembly Privacy and Consumer Protection | |
| 04/30/24- Assembly Judiciary | |
| 05/06/24- Assembly Appropriations | |
| 05/13/24- ASSEMBLY FLOOR ANALYSIS | |
| 06/28/24- Senate Judiciary | |
| 08/02/24- Senate Appropriations | |
| 08/15/24- Senate Appropriations | |
| 08/20/24- Sen. Floor Analyses | |
| 08/31/24- ASSEMBLY FLOOR ANALYSIS |
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