Louisiana's Allen Toussaint Legacy Act: identity and digital replicas

The short version

• The Allen Toussaint Legacy Act gives people domiciled in Louisiana a property right in the commercial use of their identity: name, voice, signature, photograph, image, likeness and digital replica.
• Using someone's identity for a commercial purpose in Louisiana without consent can lead to damages of at least $1,000, or actual damages if higher, plus profits.
• It has been in effect since August 1, 2022. Rights can last up to 50 years after death.

What the law does

Named after the New Orleans songwriter and producer Allen Toussaint, the Act (Act 425 of 2022, La. R.S. 51:470.1 to 470.6) makes identity rights heritable, licensable and transferable. A transfer or exclusive license is only valid in writing and signed.

It also targets AI stand-ins. It is a violation to use a digital replica in a public performance of a scripted audiovisual work, or a live dramatic performance, if the use is meant to create, and does create, the clear impression that the professional performer is actually performing in a fictional role. A "digital replica" is a computer-generated or electronic reproduction of a professional performer's likeness or voice so realistic it is indistinguishable from the real thing. "Professional performers" include actors, singers, dancers, musicians and news anchors or reporters.

Courts can also issue restraining orders and injunctions, and award attorney's fees to the prevailing party.

Who it protects

Living people domiciled in Louisiana, and people who were domiciled there when they died, plus their heirs and licensees.

What it means for you

Musicians and actors: If you live in Louisiana, an unapproved AI performance "as you" in a scripted show or play can violate the Act.

Estates: Rights end after three consecutive years of non-use following death, or 50 years after death, whichever comes first. Rights tied to performances in audiovisual works end at death.

What it doesn't do

• It exempts news, public affairs, sports and political campaigns; works of public interest including commentary, criticism, parody, documentaries and biographical works; books, music, art and similar works; audiovisual works unless they create an unauthorized performance; incidental uses; and expressive works created before August 1, 2022.
• Media and platforms that only carry third-party content aren't liable for it.
• Claims must be filed within two years of discovering the violation, and the act must occur in Louisiana.

Status and key dates

• August 1, 2022: In effect. Claims can only be based on acts after this date.

Frequently asked questions

Does Louisiana protect my voice from AI? Yes, for commercial uses and for digital replica performances of professional performers in scripted or dramatic works.

How long do Louisiana identity rights last after death? Up to 50 years, ending earlier after three consecutive years of non-use.

What you can do

• Put any license of your identity rights in a signed written agreement.
• Name who controls your identity rights in your estate plan, and keep using them if you want them to last.

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

Sources

• La. R.S. 51:470.1 to 470.6 (Louisiana State Legislature): https://legis.la.gov/legis/Law.aspx?d=1295748
• SB 426 (2022), bill page: https://www.legis.la.gov/Legis/BillInfo.aspx?i=242959

Last verified: 2026-09-27

This is general information, not legal advice.