Privacy: use of a person’s name, voice, signature, photograph, or likeness.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Pending Referral
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Overview
This bill clarifies and strengthens California’s laws regarding the use of a person’s name, voice, signature, photograph, or likeness without their consent. It expands the liability for using these identifiers in products, advertising, or sales, and provides greater protection for individuals, particularly minors, against unauthorized use. The bill also addresses specific scenarios like photographs of groups and incidental employee images in advertisements, establishing rebuttable presumptions and clarifying when consent is required.
Key provisions
- Expands liability for using a person’s name, voice, signature, photograph, or likeness without consent.
- Requires consent for minors’ likenesses.
- Establishes a rebuttable presumption for incidental employee images in advertisements.
- Defines ‘readily identifiable’ photographs with specific criteria.
- Excludes news, public affairs, and sports broadcasts from consent requirements.
- Clarifies that commercial sponsorship doesn’t automatically waive consent requirements.
- Protects owners and employees of advertising mediums from liability unless they knew of the unauthorized use.
- Provides cumulative remedies, including the possibility of injunctions.
Who is affected
- Individuals whose name, voice, signature, photograph, or likeness are used without consent.
- Businesses and advertisers who use these identifiers.
Bill text
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Sponsors
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1 on record
Primary sponsor
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