In the second quarter of 2026, California's landmark artificial intelligence personality protection statutes (Assembly Bills 2602 and 1836) completed their first major wave of industry compliance. Working alongside federal momentum surrounding the NO FAKES Act, the enactments establish strict statutory consent requirements for digital replicas and expand post-mortem right of publicity protections under California Civil Code § 3344.1.
I. The Specificity of Consent Under AB 2602
Codified at California Labor Code § 927, AB 2602 renders unenforceable any contract provision that allows for the creation and use of a digital replica of an individual's voice or likeness in lieu of the individual's live performance, unless:
- The contract contains a reasonably specific description of the intended use of the digital replica.
- The individual was represented by independent legal counsel or a collective bargaining representative in negotiating the agreement.
The statute eliminates broad contractual boilerplate granting studios perpetual, worldwide rights to exploit performance data in 'all media now known or hereafter devised,' protecting actors, voiceover artists, and musicians from uncompensated generative cloning.
II. Post-Mortem Replica Protections Under AB 1836
Simultaneously, AB 1836 amended California Civil Code § 3344.1, California's Astaire Celebrity Image Protection Act, to establish statutory liability for using a deceased personality's digital replica in an audiovisual work or sound recording without prior consent from the estate or rights holder.
The statute imposes statutory damages equal to the greater of $10,000 or actual damages, plus punitive damages and attorney's fees, curbing the unauthorized posthumous synthesis of iconic performers in films and commercial endorsements.
III. Entertainment & Advertising Transactional Strategy
For entertainment attorneys, talent agencies, and brand licensors:
- Precision Drafting in Talent Agreements: Every personal service and endorsement contract must include tailored digital replica exhibits detailing exact scope, duration, visual resolution, and compensation for synthetic iterations.
- Estate Planning for Digital Personas: Celebrities and creators must execute specific testamentary instruments governing digital replica licensing under Civil Code § 3344.1.
- Advertising Clearances: Production companies and ad agencies must conduct rights audits for all background and voiceover talent, verifying that AI-assisted vocal synthesis complies with statutory consent standards.