United States of America: Passed Use of Likeness: Digital Replica Bill (AB 1836)

On 20 May 2024, the Use of Likeness: Digital Replica Bill (AB 1836) was passed by the California Assembly. The Bill defines a “digital replica” as 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. Under the Bill, a person who uses a deceased personality’s likeness, in any manner, without prior authorisation shall be liable for damages for an amount equal to the greater of USD 10’000 or the actual damages.