Hunton Andrews Kurth writes:
On October 10, 2025, California Governor Gavin Newsom signed Senate Bill 683 (“SB 683”) (the “Act”), amending California’s Right of Publicity statute, California Civil Code Section 3344 (“Section 3344”) to add injunctive relief to the available remedies and extend liability to cover digital replicas.
Section 3344 applies to any individual or business that knowingly uses another’s name, voice, signature, photograph, or likeness without prior consent in advertising, selling, or promoting products or services.
Key provisions of Section 3344 include:
- Broad Definition of Photograph. “Photograph” means any photographic reproduction, whether still or moving, or any videotape or live television transmission, of any person such that the person is readily identifiable. If the photograph includes more than one identifiable person, a person complaining of the use must be represented as an individual rather than solely as a member of a definable group, such as an audience or crowd at an event.
- Digital Replicas. Importantly, given advancements in generative artificial intelligence, the Act extends liability under Section 3344 to digital replicas by providing that the terms “voice” and “likeness” include a digital replica.
Read more at Privacy & Information Security Law Blog.