The California Digital Replica Law (AB 1836) makes it unlawful to produce or distribute a digital replica of a deceased personality’s voice or likeness in an audiovisual work or sound recording without consent from the person’s estate. Violators are liable for at least $10,000 or actual damages, whichever is greater. The law took effect January 1, 2025.
Why the California Digital Replica Law Exists
The measure closes an exemption that previously allowed expressive works to use dead celebrities’ likenesses freely. It responds directly to AI resurrection of performers in films, ads, and music, where synthetic recreations had begun appearing without estate involvement.
What Studios and Agencies Should Do
Studios, ad agencies, and content producers need estate permission before using AI recreations of deceased artists. Securing that consent up front, and documenting it, is now a baseline step for any production that features a digital replica of a deceased personality.
Source: California Legislative Information: AB 1836
Report a violation: If you believe a business is violating this law, you can file a complaint with the California Attorney General Consumer Protection.
