SACRAMENTO, Calif. — California Governor Gavin Newsom has signed into law A.B. 2602, which regulates the use of digital replicas in personal and professional services contracts.
“This new law has significant implications for performers and companies in the adult industry, addressing the use of digital replicas of performers’ voices and likenesses,” said adult industry attorney Corey D. Silverstein. “The law aims to protect performers from unknowingly consenting to terms that allow the substitution of their image or voice with digital replicas for new performances.”
The bill, which adds Section 927 to the California Labor Code, defines a “digital replica” as “a computer-generated, highly realistic electronic representation of an individual’s voice or visual likeness in any sound recording, image, audiovisual work, or transmission.”
Several risks to adult performers have been identified with the rise of digital replicas, including vague contract language that could lead to performers unknowingly signing away their digital likeness rights. Silverstein points out that A.B. 2602 addresses some of these concerns, ensuring that performers retain control over their voices and likenesses, as well as spelling out specific descriptions of how their likenesses can be used.
“This new law is especially critical for performers in the adult industry, where the creation of digital replicas and the use of AI-generated content is becoming increasingly common,” Silverstein noted. “The law ensures that performers are not inadvertently signing away their rights to digital reproductions of their likeness or voice without proper legal representation or clear contractual terms.”
The bill also guarantees performers the opportunity to be represented by legal counsel or labor unions when negotiating these terms.
“Navigating this new law will be critical for companies and performers in the adult industry to avoid legal pitfalls,” said Silverstein.
The new law takes effect on Jan. 1, 2025.
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