California Digital Replicas of Deceased Performers Act (AB 1836)
Effective date
Penalty
$10,000 minimum statutory damages or actual damages, whichever is greater. Private right of action for performers, estates, and rightsholders. Protection ext…
Obligations mapped
3 obligations
Overview
Restricts commercial uses of realistic AI-generated replicas of deceased performers' voices or likenesses in audiovisual works and sound recordings without consent from the personality's estate or other rightsholder.
This is an AI-specific state law.
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Who this applies to
This regulation applies to the following roles:
- Developers of covered AI systems
- Deployers and users of covered AI systems
- Organizations operating in California
This regulation applies to both companies that build AI products and companies that use AI tools from other vendors.
AB 1836
AI categories covered
- Consumer-facing AI
- General purpose AI
Specific AI use cases:
- Content generation
- synthetic media manipulation
- voice likeness synthesis
- political synthetic media
What this requires you to do
3 obligations identified from statutory analysis.
Cal. Civ. Code 3344.1(a)(1)(B)(i)
Implied by Cal. Civ. Code 3344.1(a)(1)(B)(i) (consent requirement creates practical need for evidence of compliance)
Cal. Civ. Code 3344.1(n)
Regulation summaries are simplified for readability and may not capture every nuance of the underlying statute. Verify important details against primary sources linked on this page.
Enforcement and penalties
$10,000 minimum statutory damages or actual damages, whichever is greater. Private right of action for performers, estates, and rightsholders. Protection extends 70 years post-mortem.
Private right of action: plaintiffs may bring direct claims in addition to government enforcement.
Penalty amounts are based on statutory text and may be subject to adjustment, judicial interpretation, or enforcement discretion.
Legislative history
effective
Takes effect.
Related regulations
- In EffectAI-Specific
California Digital Replica Contract Protections (AB 2602)
Makes contract terms unenforceable when they allow digital replicas of a performer without the performer giving specific, informed consent. Two paths to enforceable consent: independent legal counsel review or union agreement. Companion to AB 1836.
Effective
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Illinois Right of Publicity Act, Digital Replica Amendment (HB 4875)
Prohibits unauthorized AI-generated digital replicas of individual voices, images, and likenesses. Holds liable anyone who distributes, transmits, or materially contributes to violations. Not contingent on commercial purpose.
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New York Deceased Performer Digital Replicas (SB 8391)
Amends the Right of Publicity law to protect digital replicas of deceased performers. Provides civil remedies for unauthorized AI-generated replicas of deceased individuals for commercial purposes.
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California AI regulation guide lists every tracked rule for this jurisdiction with timelines and obligation tallies.
Regulation summaries are simplified for readability and may not capture every nuance of the underlying statute. Verify important details against primary sources linked on this page.