CAL LEG Digital Replicas in Contracts


On Sep. 9, CAL LEG passed bill on use of AI in employment contracts.


  • CAL LEG passed bill AB 2602, adds CAL LEG 2-3-1-927 in regards to digital replicas.
  • Specifies when agreement for services is unenforceable due to use of digital replicas.
  • Bill Provisions
  • Provision in an agreement for the performance of personal or professional services is unenforceable as it relates to a new performance, fixed on or after Jan. 1, 2025.
  • If it contains a provision allowing use of a digital replica of a person's voice or likeness.
  • Does not include a reasonably specific description of intended uses, with exceptions
  • Individual may not be represented by union or legal counsel for licensing, as specified.
  • Defines digital replica as a computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual
  • Embodied in a sound recording, image, audiovisual work, or transmission in which the actual individual either did not actually perform or performance has been altered.
  • Bill does not impact, abrogate, or otherwise affect any exclusivity grants contained in or related to a contract provision subject to enforceability of a digital replica provision.
  • Needed because entertainment industry is becoming increasing reliant on use of AI.
  • Legislative History
  • On Feb. 14, 2024, bill introduced in Assembly; on May 22, 2024, bill passed Assembly.
  • On May 23, 2024, bill introduced in Senate; on Aug. 27, 2024, bill passed the Senate.
  • On Aug. 28, 2024, amendment concurred; on Sep. 9, 2024, bill delivered to Governor.
  • Effectiveness
  • If approved, bill takes effect on Jan. 1 of the year after bill enactment, Jan. 1, 2025.
  • Sep. 17, 2024 CAL LEG Bill Approval
  • On Sep. 17, 2024, CAL LEG reported was bill signed by governor, assigned Ch. 259.

Regulators CAL LEG
Entity Types Corp
Reference Ch. 259, 9/17/2024; Bill, AB2602, 9/9/2024
Functions Compliance; HR; Legal; Operations; Technology
Countries United States of America
Category
State
Products AI; Corporate
Regions Am
Rule Type Final
Rule Date 9/9/2024
Effective Date 1/1/2025
Rule Id 225612
Linked to N/A
Reg. Last Update 9/17/2024
Report Section US Consumer

Last substantive update on 09/24/2024