Digital Replica Bill (AB 1836) Implements Clear Guidelines For Using Realistic Computer-Generated Likenesses

Digital Replica Bill Targets Unauthorised Use of Likenesses

As of 1 January 2025, California’s Use of Likeness: Digital Replica Bill (AB 1836) has entered into force, ushering in a new era of legal protections against the unauthorised use of individuals’ digital likenesses.

This nascent legislation establishes clear rules around how computer-generated, highly realistic digital replicas of individuals can be used, particularly posthumously.

Bill Text - AB-1836 Use of likeness: digital replica.

AB 1836 Use of likeness: digital replica.

AB-1836 Use of likeness: digital replica.

Defining Digital Replicas

The Bill defines a “digital replica” as a computer-generated representation that closely mimics an individual’s voice or visual likeness in sound recordings, audiovisual works, or transmissions.

These replicas may either depict performances the individual never participated in or alter the fundamental character of an actual performance.

The legislation aims to ensure that the use of such technology respects both the intellectual property and personal rights of individuals and their estates.

Protecting Deceased Personalities

One of the most striking provisions of AB 1836 is its focus on deceased individuals. Under the new law, any use of a deceased person’s likeness without prior authorisation from their estate can result in damages.

The minimum penalty for such an infraction is $10,000 or the actual damages incurred, whichever is greater. This measure offers strong protection against the exploitation of famous figures and their digital representations in commercial ventures.

Balancing Artistic and Commercial Uses

While the Bill takes a hard stance against unauthorised commercial uses, it does allow for certain exceptions.

For instance, the use of digital replicas in works of political, educational, or satirical value is permitted.

Documentaries, biographical works, and fleeting or incidental uses of digital replicas also fall outside the scope of the restrictions. However, any attempt to create a false impression that a deceased individual actively participated in a work is strictly prohibited.

Implications for the Entertainment Industry

The entertainment sector, a primary user of digital replica technology, is directly impacted by this legislation.

The Bill requires creators and distributors to secure clearances before using a digital replica, ensuring that intellectual property rights are respected.

This could significantly alter the way films, advertisements, and virtual performances are produced, particularly in cases where deceased artists are brought back to life on screen.