California AB 1836
| California AB 1836 | |
|---|---|
| Jurisdiction | California |
| Bill | AB 1836 |
| Session | 2023–2024 Regular Session |
| Enacted | September 17, 2024 |
| Effective | See compliance timeline |
| Status | In force / operative as specified |
| Codified | Civil Code Section 3344.1 |
| Subjects | Digital replicas of deceased personalities |
| Enforcement | The law provides civil liability to injured parties under the amended right-of-publicity statute |
| Official source | Link |
California AB 1836 is a California artificial intelligence statute enacted in 2024 that creates liability for unauthorized digital replicas of deceased personalities in expressive audiovisual works or sound recordings.[1]
Background
[edit]California enacted a group of artificial intelligence laws in 2024 addressing generative AI transparency, digital replicas, election deepfakes, health care AI communications, privacy, and statutory AI definitions. California AB 1836 is part of that broader state-law package and addresses digital replicas of deceased personalities.
Legislative History
[edit]- Bill: AB 1836
- Session: 2023–2024 Regular Session
- Chapter: Chapter 258, Statutes of 2024
- Signed: September 17, 2024
- Codification: Civil Code Section 3344.1
- Official source: California Legislature bill page
Scope
[edit]Covered Entities
[edit]- Persons who produce, distribute, or make available covered digital replicas.
Covered Systems or Content
[edit]- Computer-generated, highly realistic electronic representations of a deceased personality’s voice or likeness, as defined by the statute.
Exemptions
[edit]- The statute includes expressive-work limitations and exceptions that should be read carefully against the codified text.
Key Requirements
[edit]- Digital replica liability: Creates liability for producing, distributing, or making available unauthorized digital replicas of deceased personalities in covered expressive works or sound recordings.
- Consent requirement: Liability turns on whether specified prior consent was obtained.
- Damages: Provides statutory or actual-damages remedies as specified in the statute.
Enforcement
[edit]The law provides civil liability to injured parties under the amended right-of-publicity statute.
Compliance Timeline
[edit]- Signed: September 17, 2024
- Chaptered: Chapter 258, Statutes of 2024
- Effective: Governed by the chapter’s effective date and Civil Code Section 3344.1.
Relationship to Other Law
[edit]AB 1836 complements AB 2602 by addressing postmortem digital replicas, while AB 2602 addresses digital-replica provisions in personal or professional services contracts.
Litigation and Challenges
[edit]No major litigation or constitutional challenge has been identified as of May 9, 2026.
Practical Impact
[edit]AB 1836 is significant for entertainment, music, film, estate rights, and generative AI companies creating or distributing realistic voice or likeness replicas.
Criticism and Support
[edit]Public commentary generally framed the statute as part of California’s effort to regulate concrete AI harms while preserving innovation. Specific stakeholder positions should be tied to bill analyses, committee materials, or sourced public statements when expanded.
Current Status
[edit]As of May 9, 2026, the statute has been enacted. Operative obligations should be checked against the codified effective dates and any subsequent amendments, guidance, or litigation.
See Also
[edit]- United States State Legislation
- California AI Transparency Act
- Generative AI Transparency
- Deepfakes
- Automated Decision Systems