California’s New Law On Deceased Personalities’ Likeness:
California’s AB 1836, passed on August 31, 2024, regulates the commercial use of deceased personalities’ likenesses, including their voice and image. The law aims to protect against unauthorized AI-generated replicas by requiring consent from the deceased’s heirs for such uses.
- Using a deceased personality’s likeness without consent from their heirs is prohibited.
- Fines range from $750 to $10,000, plus potential damages.
- Covers digital replicas and excludes uses in artistic, political, or newsworthy works.
- Likeness rights can be transferred through contracts and passed to the deceased’s family or are terminated if no heirs are present.
- The law respects the autonomy of deceased individuals by requiring consent from their heirs before using their likenesses.
- It protects the privacy of deceased personalities, ensuring their likenesses are not exploited without authorization.
- The law mandates compensation for unauthorized use, reflecting the value of intellectual and personal property.
- It seeks to prevent potential exploitation and misuse of deceased personalities’ likenesses, upholding fairness for the families.
- By defining clear rules and penalties, the law ensures transparency in the use of digital replicas and likenesses.
