Law / United States / 
California
Digital Replica Contract Terms Law (AB 2602)
Cal. Lab. Code Section 927 (AB 2602, Ch. 259, Stats. 2024)
In force since .
An AI sector rules rule binding private bodies.
- Obligation class
- Contract terms
- Audit expectation
- none
- Setting the rule reaches
- General
What it requires
- To keep enforceable a provision that allows a digital replica of an individual's voice or likeness to be created and used in place of work the individual would otherwise have performed in person, for a new performance fixed on or after , include a reasonably specific description of the intended uses of the digital replica, unless the uses are consistent with the terms of the contract and the fundamental character of the photography or soundtrack as recorded or performed
- Alternatively, have the individual represented, in licensing the digital replica rights, by legal counsel who negotiated on the individual's behalf with the commercial terms stated clearly and conspicuously in a writing signed or initialed by the individual, or by a labor union whose collective bargaining agreement expressly addresses uses of digital replicas
These lines are LexLint's reading of the law's text.
Who enforces it
Enforcement body
No regulator and no penalty. The section works only as a rule that the covered contract provision is unenforceable, applied when a party tries to enforce it.
What it makes you log
Logging duty
Section 927 makes a covered contract provision unenforceable. It does not require anyone to create, keep or produce a log or record of a digital replica's creation or use, or of the individual's representation.
- Kind
- None
- As of
What this law does
AB 2602 was chaptered on as Chapter 259 of the Statutes of 2024, and Labor Code Section 927 is effective per the code's own history note.
A provision in an agreement between an individual and any other person for the performance of personal or professional services is unenforceable as it relates to a new performance, fixed on or after , by a digital replica of the individual if the provision allows a digital replica of the individual's voice or likeness to be created and used in place of work the individual would otherwise have performed in person, the provision does not include a reasonably specific description of the intended uses of the digital replica, and the individual was not represented by legal counsel who negotiated the licensing of the digital replica rights or by a labor union whose collective bargaining agreement expressly addresses uses of digital replicas.
A missing description of intended uses does not make the provision unenforceable if the uses are consistent with the terms of the contract and the fundamental character of the photography or soundtrack as recorded or performed. A digital replica is a computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual.
The section affects no other contract provision and states no penalty, regulator or cause of action; its consequence is that the covered provision cannot be enforced.
When LexLint raises it
When your app profile says your app generates audio with AI, generates images with AI or generates video with AI.
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