Digital replicas

People can pursue existing civil remedies when their realistic AI voice or image is used commercially without consent. Using a digital replica to impersonate someone can also satisfy false-impersonation elements in criminal offenses.

What the law does ​

• Defines a voice or likeness protected by California’s unauthorized-commercial-use law to include a highly realistic, identifiable computer-generated digital replica, including one that materially alters a real performance or appearance.
• Applies existing damages, profit recovery, injunction, punitive-damages, and attorney-fee remedies to unauthorized commercial use of digital replicas.
• Clarifies that using a digital replica with intent to impersonate another counts as false impersonation where impersonation is an element of a Penal Code offense.
• Removes the prior evidentiary presumption concerning incidental employee photographs or likenesses in advertising or publications.

Who it affects ​

• Individuals whose voices or visual likenesses are recreated or materially altered through highly realistic digital technology.
• Advertisers, businesses, and others using digital replicas to sell or promote products or services.
• People using digital replicas to impersonate another person for conduct covered by criminal false-impersonation laws.