California AB 2602: when a digital replica clause can't be enforced

The short version

• California Labor Code section 927, added by AB 2602, can make a digital replica clause in a services contract unenforceable.
• It applies when the clause lets a replica do work you would otherwise have done in person, lacks a reasonably specific description of the intended uses, and you were not represented by a lawyer or a union as the law describes.
• It covers new performances by a replica fixed on or after January 1, 2025.

What the law does

AB 2602 targets broad "we can make and use a digital version of you" language in contracts for personal or professional services. A clause is unenforceable, as it relates to a new performance by a digital replica fixed on or after January 1, 2025, if all three conditions are met:

• It allows the creation and use of a digital replica of your voice or likeness in place of work you would otherwise have performed in person.
• It does not include a reasonably specific description of the intended uses of the replica.
• You were not represented by legal counsel who negotiated your digital replica rights on your behalf, with the commercial terms stated clearly and conspicuously in a signed or initialed writing, or by a labor union whose collective bargaining agreement expressly addresses digital replicas.

There is an important exception to the second condition. A missing description does not make the clause unenforceable if the uses are consistent with the terms of the contract and with the fundamental character of the photography or soundtrack as recorded or performed.

The law defines a digital replica as a computer-generated, highly realistic electronic representation readily identifiable as a person's voice or visual likeness, in a work where they did not actually perform or appear, or where their performance was materially altered. Authorized remixing, mastering, sampling and remastering are excluded.

Who it protects

Anyone who signs an agreement to perform personal or professional services, not only union members or celebrities. That includes actors, voice performers, musicians, models, influencers and other creators working under contract.

What it means for you

Performers and creators: A vague clause granting rights to "any and all digital uses" of your likeness may not hold up in California if you signed without the representation the law describes. But the safer approach is to avoid signing it in the first place.

Agents, managers and lawyers: Negotiating digital replica rights clearly, and getting the commercial terms into a signed or initialed writing, matters. Representation is one of the conditions the law looks at.

Producers and brands: Describe intended replica uses in reasonably specific terms. Otherwise, the clause may be unenforceable as to new replica performances.

What it doesn't do

• It only affects the digital replica provision. The rest of the contract, including exclusivity grants tied to that provision, is not affected.
• It does not ban digital replicas. It sets conditions for when a contract clause allowing them can be enforced.
• It does not create a separate damages claim. Its effect is to make the qualifying clause unenforceable.
• It does not cover replicas of people who have died. That is handled by California's post-mortem right of publicity (Civil Code § 3344.1, as amended by AB 1836).

Status and key dates

• September 17, 2024: Signed by Governor Newsom (Stats. 2024, Ch. 259).
• January 1, 2025: Effective. Applies to new performances by a digital replica fixed on or after this date.

Frequently asked questions

Does AB 2602 apply to contracts I signed before 2025? The statute is framed around new performances by a digital replica fixed on or after January 1, 2025. Whether it affects a particular older contract depends on its terms and the facts, so get legal advice.

Is my digital replica clause void if I had an agent but no lawyer? The statute refers to representation by legal counsel who negotiated your digital replica rights, or by a union with a collective bargaining agreement that expressly addresses digital replicas. An agent alone is not listed.

What is a "reasonably specific description" of use? The law does not define it. In practice, it means naming the project, medium and purpose rather than granting open-ended rights.

What you can do

• Look for any clause mentioning digital replicas, AI, synthetic media or "simulations" of your voice or likeness.
• Ask for a written list of specific intended uses and a time limit.
• Have a lawyer negotiate replica terms, or check what your union agreement already says.
• Keep a signed copy of exactly what you agreed to.

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

Sources

• California Labor Code § 927: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=927
• AB 2602 (2023–2024), bill page: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB2602
• Office of the Governor, "Governor Newsom signs bills to protect digital likeness of performers" (Sept. 17, 2024): https://www.gov.ca.gov/2024/09/17/governor-newsom-signs-bills-to-protect-digital-likeness-of-performers/

Last verified: 2026-09-27

This is general information, not legal advice.