Existing law makes a person who knowingly uses another’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 that person’s prior consent, or, in the case of a minor, the prior consent of the person’s parent or legal guardian, liable for damages, as specified, among other remedies, as prescribed. Existing law generally regulates organizations and businesses that provide athletic, instructional, or other services to minors by imposing disclosure, training, background check, and child abuse prevention requirements on those entities and their personnel.

This bill would prohibit specified nonschool youth programs from using certain identifying information of a youth, including their picture, video, audio recording, likeness, and attributed statements, except, as specified, for marketing purposes. In this regard, the bill would allow the program to use that information for marketing purposes only if the program obtains express written consent from the parent or guardian after providing specified notice, as provided. The bill would prohibit the program from making participation contingent upon providing consent, selling or sharing that youth information, or using that youth information for any purpose other than the specific purpose for which consent was provided.

The bill would authorize a parent or guardian to bring a civil action against a program for noncompliance with these provisions and would provide for specified remedies, including, among others, up to $5,000 per youth who has had their information disclosed and injunctive or declaratory relief.