AI replicas after death: California AB 1836 and New York's § 50-f

The short version

• California (Civil Code § 3344.1, as amended by AB 1836) makes it unlawful to produce, distribute or make available a digital replica of a deceased personality's voice or likeness in an audiovisual work or sound recording without prior consent, subject to exceptions.
• New York (Civil Rights Law § 50-f, as amended in December 2025) requires prior consent from the rights holder before using a deceased performer's digital replica in an audiovisual work, sound recording or live musical performance.
• California rights can be enforced for 70 years after death. New York's for 40 years.

What the law does

California. Since January 1, 2025, anyone who produces, distributes or makes available a digital replica of a deceased personality's voice or likeness in an expressive audiovisual work or sound recording without prior consent is liable for the greater of $10,000 or the actual damages suffered by whoever controls the rights. A digital replica is a computer-generated, highly realistic representation readily identifiable as the person, in a work where they did not perform or where their performance was materially altered.

This closed a gap. Before AB 1836, films, songs and similar works were generally exempt from California's post-mortem right. For replicas, that blanket exemption no longer applies.

New York. Section 50-f, first enacted in 2020, already protected deceased personalities and performers. A 2025 amendment (S.8391/A.8882, Chapter 616) updated the definitions and removed the earlier rule that let some unauthorized replica uses avoid liability with a conspicuous disclaimer. Now, anyone who uses a deceased performer's digital replica in an audiovisual work, sound recording or live musical performance, knowing it is an unauthorized replica and without prior consent from the rights holder, can be liable. Damages are the greater of $2,000 or compensatory damages, plus attributable profits. Punitive damages may also be awarded.

Who it protects

California: "Deceased personalities," meaning people whose name, voice, signature, photograph or likeness had commercial value at death or because of it. Rights pass by will or trust, or to family members in an order set by statute.

New York: Deceased personalities domiciled in New York at death, with the replica rule focused on "deceased performers," meaning people regularly engaged in acting, singing, dancing or playing a musical instrument for gain or livelihood.

What it means for you

Estates and families: In both states, successors can register their claim with the Secretary of State. In California, damages can't be recovered for uses that happen before registration. In New York, there is no cause of action at all for uses before registration.

Living performers: Decide now who should control your likeness after death, and put it in your will or trust. Both states let these rights pass by testamentary instrument.

Studios, labels and producers: Get written consent from the registered rights holder before recreating a late performer, unless a clear exception applies.

What it doesn't do

• Exceptions (California): news, public affairs or sports; comment, criticism, scholarship, satire or parody; documentary, historical or biographical portrayals, unless they falsely suggest an authentic recording; fleeting or incidental uses; and ads for those works.
• Exceptions (New York): parody, satire, commentary or criticism; political or newsworthy works; documentaries, docudramas and historical or biographical works; portraying the performer as themself (except in a live musical performance); de minimis or incidental uses; and ads for those works.
• Neither law protects living people. For them, see California Civil Code § 3344 and New York Civil Rights Law §§ 50–51.
• Both are state laws, tied to acts in the state (California) or to people domiciled in New York.

Status and key dates

• September 17, 2024: AB 1836 signed (Stats. 2024, Ch. 258).
• January 1, 2025: AB 1836 effective.
• May 29, 2021: New York § 50-f took effect.
• December 11, 2025: New York amendment signed and effective (Chapter 616 of 2025).

Frequently asked questions

Can a studio make an AI version of a late actor in California without permission? Generally not in an audiovisual work or sound recording, unless an exception applies, such as a documentary or biographical portrayal that doesn't falsely suggest an authentic recording.

How long do post-mortem digital replica rights last? In California, no action can be brought for uses more than 70 years after death. In New York, the limit is 40 years after death.

Who gives consent for a deceased performer's replica? Whoever holds the rights by will, trust or contract. If no transfer was made, the rights pass to family under each state's rules. Registration with the Secretary of State matters for recovering damages.

What you can do

• Name who should control your voice and likeness after death in your estate plan.
• If you manage an estate, register the claim with the California or New York Secretary of State.
• Keep a record of any licenses granted during the performer's lifetime. Both laws respect valid lifetime contracts.

Royall helps you keep a record of what you have and haven't consented to.

Sources

• California Civil Code § 3344.1: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=3344.1
• AB 1836 (2023–2024), bill page: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1836
• New York Civil Rights Law § 50-f: https://www.nysenate.gov/legislation/laws/CVR/50-F
• S.8391 (2025), bill page: https://www.nysenate.gov/legislation/bills/2025/S8391
• New York Governor's office, announcement of S.8391/A.8882 and S.8420-A/A.8887-B (Dec. 11, 2025): https://www.governor.ny.gov/news/governor-hochul-signs-legislation-protect-consumers-and-boost-ai-transparency-film-industry

Last verified: 2026-09-27

This is general information, not legal advice.