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<ns0:Id>20250SB__114299INT</ns0:Id>
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<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-18</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Becker</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Becker</ns0:Name>
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<ns0:Title> An act to add Chapter 22.6.1 (commencing with Section 22650) to Division 8 of the Business and Professions Code, to amend Sections 3344 and 3344.1 of, and to add Section 3344.2 to, the Civil Code, and to add Chapter 9 (commencing with Section 540) to Title 13 of Part 1 of the Penal Code, relating to personal rights. </ns0:Title>
<ns0:RelatingClause>personal rights</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Digital Dignity Act.</ns0:Subject>
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<ns0:DigestText>
<html:p>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. Existing law protects all people from defamation, including libel and slander, as provided. Existing law makes any person who knowingly uses another’s name, voice, signature, photograph, or likeness for commercial purposes, as specified, without that person’s prior consent liable for damages, as specified. Existing law provides that a party seeking relief pursuant to those provisions may also seek an injunction or temporary restraining order according to specified procedures.</html:p>
<html:p>This bill would enact the Digital Dignity Act and would clarify that false impersonation includes the use of a digital replica, as defined, with the intent to impersonate another for purposes of prescribed criminal
provisions. The act would subject a person who, by distributing content with actual knowledge that the content includes the use of a digital replica, violates the prescribed criminal provisions, is found liable for defamation in a civil action, or uses another’s name, voice, signature, photograph, or likeness for commercial purposes to additional specified liability, as provided.</html:p>
<html:p>The Digital Dignity Act would require a product, service, internet website, or application that is both a generative AI tool and a large online platform that allows users to create a digital replica of other individuals to implement and maintain a mechanism by which users can revoke access to their digital replica created by other people using the large online platform’s generative AI tool at any time, as prescribed. The act would authorize a city attorney or the Attorney General to bring a civil action to enforce these provisions and to seek a specified civil penalty and injunctive relief.
The act would require a generative AI tool provider to maintain, for no less than 90 days, records sufficient to allow compliance with a court order issued pursuant to a civil action by the city attorney or Attorney General, as prescribed.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_EA7D67C9-B638-4372-9127-32F894F245A0">
<ns0:Num>SECTION 1.</ns0:Num>
<ns0:Content>
<html:p>This act shall be known, and may be cited, as the Digital Dignity Act.</html:p>
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<ns0:Num>SEC. 2.</ns0:Num>
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Legislature finds and declares the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The rapid advancement and widespread availability of generative artificial intelligence technologies have enabled the creation of highly realistic, computer-generated depictions of an individual’s voice and likeness, hereinafter referred to as “digital replicas.”
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
While these technologies offer significant benefits in fields such as entertainment, accessibility, and personal expression, they also create unprecedented opportunities for misuse that can inflict severe personal, reputational, and economic harm upon the residents of this state.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Documented harms include the use of digital replicas to create nonconsensual intimate imagery, to perpetrate financial fraud against individuals and businesses, to create false endorsements, to defame and harass individuals, and to deceive the public through fraudulent impersonation. The economic cost of such fraud to businesses averages hundreds of thousands of dollars per incident.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Every individual possesses a right to control the use of their own identity, which is a matter of both personal dignity and economic value. The unauthorized appropriation of this identity through a digital replica constitutes a significant harm that current laws may not adequately address.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
It is the intent of the Legislature to provide the residents of this state with clear and robust legal tools to protect themselves from the unauthorized and harmful use of their digital
likeness and voice.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The purpose of this act is to establish a balanced framework that does all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Protects the rights of individuals to control the use of their identity in the form of a digital replica.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Provides effective civil remedies for individuals harmed by the unauthorized use of their digital replica.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Imposes reasonable obligations on the providers of generative artificial intelligence tools to promote transparency and prevent misuse.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Establishes criminal penalties for the most egregious forms of misuse, particularly the creation of nonconsensual intimate imagery.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Safeguards the
constitutional right to freedom of speech and expression by providing clear exemptions for news reporting, commentary, parody, satire, and other expressive works.
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<ns0:Num>SEC. 3.</ns0:Num>
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Chapter 22.6.1 (commencing with Section 22650) is added to Division 8 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
, to read:
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<ns0:Num>22.6.1</ns0:Num>
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<ns0:LawHeadingText>Generative Artificial Intelligence Tools: Digital Replicas</ns0:LawHeadingText>
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<ns0:Num>22650.</ns0:Num>
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<html:p>For purposes of this chapter, the following definitions apply:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
“Digital replica” has the same meaning as defined in Section 3344.1 of the Civil Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
“Generative artificial intelligence” or “generative AI” has the same meaning as defined in Section 3110 of the Civil Code.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
“Individual” means a natural person, whether living or deceased.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
“Large online platform” has the same meaning as defined in Section 22757.1.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
“Likeness” means an individual’s name, signature, photograph, image, or any other
recognizable aspect of the individual’s physical appearance.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
“Nonconsensual intimate images” has the same meaning as “covered material” in Section 22670.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
“Provenance data” has the same meaning as defined in Section 22757.1.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
“Voice” means the actual or simulated sound of an individual’s voice that is recognizable as the voice of that individual.
</html:p>
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<ns0:LawSection id="id_81B74600-3E2D-44CD-84E9-3D75C95F8E30">
<ns0:Num>22651.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The terms of service for any generative AI tool shall explicitly prohibit users from creating content that violates the Digital Dignity Act, including the creation of nonconsensual intimate images.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A generative AI tool provider shall maintain, for no less than 90 days, records sufficient to allow compliance with a court order issued pursuant to paragraph (2) of subdivision (g), including records identifying any provenance data associated with a digital replica, provided that the records do not include the content of user communications.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A product, service, internet website, or application that is both a generative AI tool and a large online platform that allows users
to create a digital replica of other individuals shall implement and maintain a mechanism by which users can revoke access to their digital replica, or remove any photograph, video, audio recording, or other digital rendering that includes their digital replica created by other people using the large online platform’s generative AI tool at any time, and shall allow users to remove videos containing their digital replica created by other people using the large online platform’s generative AI tool at any time. This subdivision does not require a product, service, internet website, or application that is both a large online platform and a generative AI tool that allows users to create a digital replica to provide access to content that is generated and stored exclusively on a user’s local device and that has not been transmitted to the product’s, service’s, internet website’s, or application’s servers.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A large online platform shall provide a
clear, conspicuous, and easy-to-use mechanism for a user to report a digital replica that violates the Digital Dignity Act, regardless of whether or not the individual depicted is a user of the generative AI tool or large online platform.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
To prevent unfair or deceptive acts or practices in the administration of the reporting mechanisms required by subdivision (d), a large online platform shall maintain a reporting process that ensures within 48 hours of receiving a user report all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Reports of unauthorized digital replicas are reviewed.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the content violates the Digital Dignity Act, access to the content is removed or disabled.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The reporting party is provided with a confirmation of the removal or, if the content was not
removed, a written explanation of the reason.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
A platform’s systemic failure to adhere to these timelines and process valid reports in good faith constitutes a violation of this section.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A city attorney or the Attorney General may bring a civil action to enforce this chapter and may seek a civil penalty not to exceed fifty thousand dollars ($50,000) for each day a generative AI tool is provided to the public in violation of this chapter.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A city attorney or the Attorney General may seek an injunction or temporary restraining order pursuant to Section 527 of the Code of Civil Procedure. If the court grants the applicant an order under subdivision (c) of Section 527 of the Code of Civil Procedure that requires the respondent to remove, recall, or otherwise cease the publication or
distribution of the petitioner’s name, voice, signature, photograph, or likeness, the respondent shall complete the removal or recall, or cease the publication or distribution, within two business days from the day the order is served, unless otherwise required by the order.
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<ns0:Num>SEC. 4.</ns0:Num>
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Section 3344 of the
<ns0:DocName>Civil Code</ns0:DocName>
is amended to read:
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<ns0:Num>3344.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Any person who knowingly uses another’s name, voice, signature, photograph, or likeness, in any manner, including through the use of a digital replica, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods, or services, without that person’s prior consent, or, in the case of a minor, the prior consent of their parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof. In addition, in any action brought under this
section, the person who violated the section shall be liable to the injured party or parties in an amount equal to the greater of seven hundred fifty dollars ($750) or the actual damages suffered by them as a result of the unauthorized use, and any profits from the unauthorized use that are attributable to the use and are not taken into account in computing the actual damages. In establishing these profits, the injured party or parties are required to present proof only of the gross revenue attributable to the unauthorized use, and the person who violated this section is required to prove their deductible expenses. Punitive damages may also be awarded to the injured party or parties. The prevailing party in any action under this section shall also be entitled to attorney’s fees and costs.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Any person who distributes content subject to liability under
subparagraph (A) and has actual knowledge that the content includes another’s name, voice, signature, photograph, or likeness, in any manner, including through the use of a digital replica, shall be liable for the greater of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Any profits from the unauthorized use that are attributable to the use and are not taken into account in computing the actual damages.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
In cases where an individual or entity negligently distributes, liquidated damages of one thousand dollars ($1,000) or actual damages for each violation.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
In cases where a violation was committed by an individual or entity with knowledge of, or reckless disregard for, the rights of the individual, the court may, in its discretion, award not less than five thousand dollars ($5,000) for each violation.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In addition to the remedies available in paragraph (1), a party may seek an injunction or temporary restraining order pursuant to Section 527 of the Code of Civil Procedure. If the court grants the applicant an order under subdivision (c) of Section 527 of the Code of Civil Procedure that requires the respondent to remove, recall, or otherwise cease the publication or distribution of the petitioner’s name, voice, signature, photograph, or likeness, the respondent shall complete the removal or recall, or cease the publication or distribution, within two business days from the day the order is served, unless
otherwise required by the order.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
As used in this section, the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Digital replica” has the same meaning as defined in Section 3344.1.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Photograph” means any photograph or photographic reproduction, still or moving, or any videotape or live television transmission, of any person, such that the person is readily identifiable.
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A person shall be deemed to be readily identifiable from a photograph when one who views the photograph with the naked eye can reasonably determine that the person depicted in the photograph is the same person who is complaining of its unauthorized use.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the photograph includes more than one person so identifiable, then the person or persons complaining of the use shall be represented as individuals rather than solely as members of a definable group represented in the photograph. A definable group includes, but is not limited to, the following examples: a crowd at any sporting event, a crowd in any street or public building, the audience at any
theatrical or stage production, a glee club, or a baseball team.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A person or persons shall be considered to be represented as members of a definable group if they are represented in the photograph solely as a result of being present at the time the photograph was taken and have not been singled out as individuals in any manner.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Where a photograph or likeness of an employee of the person using the photograph or likeness appearing in the advertisement or other publication prepared by or
on behalf of the user is only incidental, and not essential, to the purpose of the publication in which it appears, there shall arise a rebuttable presumption affecting the burden of producing evidence that the failure to obtain the consent of the employee was not a knowing use of the employee’s photograph or likeness.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
For purposes of this section, a use of a name, voice, signature, photograph, or likeness in connection with any news, public affairs, or sports broadcast or account, or any political campaign, shall not constitute a use for which consent is required under subdivision (a).
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The use of a name, voice, signature, photograph, or likeness in a commercial medium shall not constitute a use for which consent is required under subdivision (a) solely because the material containing the use is commercially sponsored or contains paid advertising.
Rather it shall be a question of fact whether or not the use of the person’s name, voice, signature, photograph, or likeness was so directly connected with the commercial sponsorship or with the paid advertising as to constitute a use for which consent is required under subdivision (a).
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Nothing in this section shall apply to the owners or employees of any medium used for advertising, including, but not limited to, newspapers, magazines, radio and television networks and stations, cable television systems, billboards, and transit ads, by whom any advertisement or solicitation in violation of this section is published or disseminated, unless it is established that those owners or employees had knowledge of the unauthorized use of the person’s name, voice, signature, photograph, or likeness as prohibited by this section.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The remedies provided for in this section are
cumulative and shall be in addition to any others provided for by law.
</html:p>
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<ns0:Num>SEC. 5.</ns0:Num>
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Section 3344.1 of the
<ns0:DocName>Civil Code</ns0:DocName>
is amended to read:
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<ns0:Num>3344.1.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
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Subject to subparagraph (B), a person who uses 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, without prior consent from the person or persons specified in subdivision (c), shall be liable for any damages sustained by the person or persons injured as a result thereof. In addition, in any action brought under this section, the person who violated the section shall be liable to the injured party or parties in an amount equal to the greater of seven hundred fifty dollars ($750) or the actual damages suffered by the injured party or parties, as a result of the unauthorized use, and
any profits from the unauthorized use that are attributable to the use and are not taken into account in computing the actual damages. In establishing these profits, the injured party or parties shall be required to present proof only of the gross revenue attributable to the use, and the person who violated the section shall prove the person’s deductible expenses. Punitive damages may also be awarded to the injured party or parties. The prevailing party or parties in any action under this section shall also be entitled to attorney’s fees and costs.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Except as provided in clause (ii), 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.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
If a work described in clause (i) includes within it a use in connection with a product, article of merchandise, good, or service, this use shall not be exempt under this subparagraph, notwithstanding the unprotected use’s inclusion in a work otherwise exempt under this subparagraph, if the claimant proves that this use is so directly connected with a product, article of merchandise, good, or service as to constitute an act of advertising, selling, or soliciting purchases of that product, article of merchandise, good, or service by the deceased personality without prior consent from the person or persons specified in subdivision (c).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Notwithstanding paragraph (1) and subject to clause (ii), 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 from a person specified in subdivision (c) shall be liable to any injured party in an amount equal to the greater of ten thousand dollars ($10,000) or the actual damages suffered by a person controlling the rights to the deceased personality’s likeness.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For purposes of this section, a digital replica may be used without consent if the use of the digital replica meets any of the following criteria:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The use is in connection with any news, public affairs, or sports broadcast or account.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The use is for purposes of comment, criticism, scholarship, satire, or parody.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
The use is a
representation of the individual as the individual’s self in a documentary or in a historical or biographical manner, including some degree of fictionalization, unless the use is intended to create, and does create, the false impression that the work is an authentic recording in which the individual participated.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
The use is fleeting or incidental.
</html:p>
<html:p>
(V)
<html:span class="EnSpace"/>
Any use of an individual’s identity that is transformative, meaning the use adds significant creative elements so as to be primarily the defendant’s own expression rather than the individual’s likeness. In determining whether a use is transformative, a court shall consider the extent to which the use is a literal depiction versus a creative interpretation, and whether the market value of the use derives primarily from the individual’s fame or from
the defendant’s creative contribution.
</html:p>
<html:p>
(VI)
<html:span class="EnSpace"/>
The use is in an advertisement or commercial announcement for a work described in subclauses (I) to V, inclusive.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For purposes of this paragraph:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
“Audiovisual work” means a work that consists of a series of related images that are intrinsically intended to be shown by the
use of machines or devices, including projectors, viewers, or electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material objects, including films or tapes, in which the works are embodied.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
“Digital replica” means 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.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
“Digital replica” does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or
digital remastering of a sound recording or audiovisual work authorized by the copyrightholder.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The rights recognized under this section are property rights, freely transferable or descendible, in whole or in part, by contract or by means of any trust or any other testamentary instrument, executed before or after January 1, 1985. The rights recognized under this section shall be deemed to have existed at the time of death of any deceased personality who died prior to January 1, 1985, and, except as provided in subdivision (o), shall vest in the persons entitled to these property rights under the testamentary instrument of the deceased personality effective as of the date of their death. In the absence of an express transfer in a testamentary instrument of the deceased personality’s rights in the deceased personality’s name, voice, signature, photograph, or likeness, a provision in the testamentary instrument that provides for the
disposition of the residue of the deceased personality’s assets shall be effective to transfer the rights recognized under this section in accordance with the terms of that provision. The rights established by this section shall also be freely transferable or descendible by contract, trust, or any other testamentary instrument by any subsequent owner of the deceased personality’s rights as recognized by this section. Nothing in this section shall be construed to render invalid or unenforceable any contract entered into by a deceased personality during the deceased personality’s lifetime by which the deceased personality assigned the rights, in whole or in part, to use the deceased personality’s name, voice, signature, photograph, or likeness, regardless of whether the contract was entered into before or after January 1, 1985.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The consent required by this section shall be exercisable by the person or persons to whom the right of consent, or
portion thereof, has been transferred in accordance with subdivision (b), or if no transfer has occurred, then by the person or persons to whom the right of consent, or portion thereof, has passed in accordance with subdivision (d).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Subject to subdivisions (b) and (c), after the death of any person, the rights under this section shall belong to the following person or persons and may be exercised, on behalf of and for the benefit of all of those persons, by those persons who, in the aggregate, are entitled to more than a one-half interest in the rights:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The entire interest in those rights belongs to the surviving spouse of the deceased personality unless there are any surviving children or grandchildren of the deceased personality, in which case one-half of the entire interest in those rights belongs to the surviving spouse.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The entire interest in those rights belongs to the surviving children of the deceased personality and to the surviving children of any dead child of the deceased personality unless the deceased personality has a surviving spouse, in which case the ownership of a one-half interest in rights is divided among the surviving children and grandchildren.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If there is no surviving spouse, and no surviving children or grandchildren, then the entire interest in those rights belongs to the surviving parent or parents of the deceased personality.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The rights of the deceased personality’s children and grandchildren are in all cases divided among them and exercisable in the manner provided in Section 240 of the Probate Code according to the number of the deceased personality’s children represented. The share of the children of
a dead child of a deceased personality can be exercised only by the action of a majority of them.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
If any deceased personality does not transfer the deceased personality’s rights under this section by contract, or by means of a trust or testamentary instrument, and there are no surviving persons as described in subdivision (d), then the rights set forth in subdivision (a) shall terminate.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A successor in interest to the rights of a deceased personality under this section or a licensee thereof shall not recover damages for a use prohibited by this section that occurs before the successor in interest or licensee registers a claim of the rights under paragraph (2).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Any person claiming to be a successor in interest to the rights of a deceased personality under this section or a
licensee thereof may register that claim with the Secretary of State on a form prescribed by the Secretary of State and upon payment of a fee as set forth in subdivision (d) of Section 12195 of the Government Code. The form shall be verified and shall include the name and date of death of the deceased personality, the name and address of the claimant, the basis of the claim, and the rights claimed.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Upon receipt and after filing of any document under this section, the Secretary of State shall post the document along with the entire registry of persons claiming to be a successor in interest to the rights of a deceased personality or a registered licensee under this section upon the Secretary of State’s internet website. The Secretary of State may microfilm or reproduce by other techniques any of the filings or documents and destroy the original filing or document. The microfilm or other reproduction of any document under this section shall be
admissible in any court of law. The microfilm or other reproduction of any document may be destroyed by the Secretary of State 70 years after the death of the personality named therein.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Claims registered under this subdivision shall be public records.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
An action shall not be brought under this section by reason of any use of a deceased personality’s name, voice, signature, photograph, or likeness occurring after the expiration of 70 years after the death of the deceased personality.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
As used in this section, “deceased personality” means any natural person whose name, voice, signature, photograph, or likeness has commercial value at the time of that person’s death, or because of that person’s death, whether or not during the lifetime of that natural person the person used the person’s name, voice, signature,
photograph, or likeness on or in products, merchandise, or goods, or for purposes of advertising or selling, or solicitation of purchase of, products, merchandise, goods, or services. A “deceased personality” shall include, without limitation, any such natural person who has died within 70 years prior to January 1, 1985.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
As used in this section, “photograph” means any photograph or photographic reproduction, still or moving, or any videotape or live television transmission, of any person, such that the deceased personality is readily identifiable. A deceased personality shall be deemed to be readily identifiable from a photograph if one who views the photograph with the naked eye can reasonably determine who the person depicted in the photograph is.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
For purposes of this section, the use of a name, voice, signature, photograph, or likeness in connection with any news,
public affairs, or sports broadcast or account, or any political campaign, shall not constitute a use for which consent is required under subdivision (a).
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
The use of a name, voice, signature, photograph, or likeness in a commercial medium shall not constitute a use for which consent is required under subdivision (a) solely because the material containing the use is commercially sponsored or contains paid advertising. Rather, it shall be a question of fact whether or not the use of the deceased personality’s name, voice, signature, photograph, or likeness was so directly connected with the commercial sponsorship or with the paid advertising as to constitute a use for which consent is required under subdivision (a).
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
Nothing in this section shall apply to the owners or employees of any medium used for advertising, including, but not limited to, newspapers, magazines, radio
and television networks and stations, cable television systems, billboards, and transit advertisements, by whom any advertisement or solicitation in violation of this section is published or disseminated, unless it is established that the owners or employees had knowledge of the unauthorized use of the deceased personality’s name, voice, signature, photograph, or likeness as prohibited by this section.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
The remedies provided for in this section are cumulative and shall be in addition to any others provided for by law.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
In the case of an individual who performs music as a profession, an action to enforce this section may be brought by that individual and by any person or entity that has entered into a contract for the individual’s exclusive personal services as a recording artist or an exclusive license to distribute sound recordings that capture the individual’s audio
performances.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
This section shall apply to the adjudication of liability and the imposition of any damages or other remedies in cases in which the liability, damages, and other remedies arise from acts occurring directly in this state. For purposes of this section, acts giving rise to liability shall be limited to the use, on or in products, merchandise, goods, or services, or the advertising or selling, or soliciting purchases of, products, merchandise, goods, or services prohibited by this section.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
Notwithstanding any provision of this section to the contrary, if an action was taken prior to May 1, 2007, to exercise rights recognized under this section relating to a deceased personality who died prior to January 1, 1985, by a person described in subdivision (d), other than a person who was disinherited by the deceased personality in a testamentary instrument, and the
exercise of those rights was not challenged successfully in a court action by a person described in subdivision (b), that exercise shall not be affected by subdivision (b). In that case, the rights that would otherwise vest in one or more persons described in subdivision (b) shall vest solely in the person or persons described in subdivision (d), other than a person disinherited by the deceased personality in a testamentary instrument, for all future purposes.
</html:p>
<html:p>
(q)
<html:span class="EnSpace"/>
The rights recognized by this section are expressly made retroactive, including to those deceased personalities who died prior to January 1, 1985.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_B3A36B9F-793B-4BA6-9E63-E954D5601211">
<ns0:Num>SEC. 6.</ns0:Num>
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Section 3344.2 is added to the
<ns0:DocName>Civil Code</ns0:DocName>
, to read:
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<ns0:Num>3344.2.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Any person that, by distributing content with actual knowledge that the content includes the use of a digital replica, is found liable in a civil action for defamation or, pursuant to Section 541 of the Penal Code, violates a provision of the Penal Code in which false impersonation of another is a required element shall also be liable for the greater of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
In cases where an individual or entity negligently distributes, liquidated damages of one thousand dollars ($1,000) or actual damages for each violation.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In cases where a violation was committed by an individual or entity with knowledge of, or reckless disregard for, the rights of the individual, the court
may, in its discretion, award not less than five thousand dollars ($5,000) for each violation.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In addition to the remedies available in subdivision (a), a party may seek an injunction or temporary restraining order pursuant to Section 527 of the Code of Civil Procedure. If the court grants the applicant an order under subdivision (c) of Section 527 of the Code of Civil Procedure that requires the respondent to remove, recall, or otherwise cease the publication or distribution of the petitioner’s name, voice, signature, photograph, or likeness, the respondent shall complete the removal or recall, or cease the publication or distribution, within two business days from the day the order is served, unless otherwise required by the order.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The prohibition under subdivision (a) shall apply until 70 years after the year of the imitated person’s death.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The rights recognized under this section are property rights, freely transferable or descendible, in whole or in part, by contract, by means of a trust, or pursuant to Section 3344.1.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
This section shall not be construed to render invalid or unenforceable a contract entered into by a living person that assigned the rights, in whole or in part, to use the living person’s name, voice, signature, photograph, or likeness.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
For purposes of this section, a digital replica may be used without consent if the use of the digital replica meets the conditions of subdivision (j) of Section 3344.1 or any of the criteria of clause (ii) of subparagraph (A) of paragraph (2) of subdivision (a) of Section 3344.1.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section shall
apply to the adjudication of liability and the imposition of any damages or other remedies in cases in which the liability, damages, and other remedies arise from acts occurring directly in this state.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The remedies provided for in this section are cumulative and shall be in addition to any others provided for by law.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Nothing in this section shall be construed to conflict with or preempt federal law or regulation. This section does not impose liability on a social media platform if that liability is prohibited by Section 230 of Title 47 of the United States Code.
</html:p>
</ns0:Content>
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<ns0:Num>SEC. 7.</ns0:Num>
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Chapter 9 (commencing with Section 540) is added to Title 13 of Part 1 of the
<ns0:DocName>Penal Code</ns0:DocName>
, to read:
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<ns0:Fragment>
<ns0:LawHeading id="id_6D4D980F-799A-47E6-AB39-24FB478301AF" type="CHAPTER">
<ns0:Num>9.</ns0:Num>
<ns0:LawHeadingVersion id="id_851FCDF5-959C-4A62-83A1-DEAEBE4CE6A9">
<ns0:LawHeadingText>Offense Involving the Use of Artificial Intelligence Technology</ns0:LawHeadingText>
</ns0:LawHeadingVersion>
<ns0:LawSection id="id_8F8DC1E7-64EF-440A-97D2-E8E0140D55A6">
<ns0:Num>540.</ns0:Num>
<ns0:LawSectionVersion id="id_3BA18CE6-7EF0-48FB-8B5A-12DEF03125F1">
<ns0:Content>
<html:p>For purposes of this chapter, the following definitions apply:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
“Artificial intelligence” or “AI” has the same meaning as in Section 3110 of the Civil Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
“Digital replica” has the same meaning as in Section 3344.1 of the Civil Code.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
<ns0:LawSection id="id_BC83652D-C7D9-4E82-A753-D442BB9E77E8">
<ns0:Num>541.</ns0:Num>
<ns0:LawSectionVersion id="id_B6AD4B4A-758F-46DA-819F-94AB8C550586">
<ns0:Content>
<html:p>For the purposes of any provision of this code in which the false impersonation of another is a required element, including, without limitation, Sections 528.5, 529, and 530, false impersonation includes the use of a digital replica with the intent to impersonate another.</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:LawHeading>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_4F718E84-A65F-4DFB-BF28-3195151986D1">
<ns0:Num>SEC. 8.</ns0:Num>
<ns0:Content>
<html:p>The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.</html:p>
</ns0:Content>
</ns0:BillSection>
</ns0:Bill>
</ns0:MeasureDoc>