California Digital Replica Laws for Performers (AB 2602 and AB 1836)

California enacted AB 2602 and AB 1836 in 2024; both took effect January 1, 2025. AB 2602’s Labor Code section 927 covers new performances fixed on or after that date when a replica replaces work the individual would otherwise perform. Under section 927, a covered contract clause is unenforceable only if it authorizes that substitute performance, lacks a reasonably specific use description (unless the use is consistent with the contract and fundamental character of the work), and the performer lacked qualifying legal counsel or a collective-bargaining agreement expressly covering replicas. The law does not invalidate every replica clause or separate exclusivity grants. AB 1836 amended Civil Code section 3344.1 to address unauthorized use of a deceased personality’s digital replica in an expressive audiovisual work or sound recording. A claim may seek the greater of $10,000 or actual damages, subject to statutory scope and exceptions, within 70 years after the personality’s death. Consent comes from the owner of the relevant rights. Exceptions include news, public affairs, sports, commentary, criticism, scholarship, satire, parody, certain documentary or biographical uses, and incidental uses; a documentary label alone is not enough, especially if the work falsely appears to be an authentic recording. California signed SB 1050 on September 16, 2026. It creates a separate false-advertising disclosure for a synthetic performer: a realistic AI-created figure, voice, or representation not recognizable as an identifiable natural person, when prominently featured in an audio or video ad. The disclosure rule is scheduled to take effect January 1, 2027. Exceptions include promotion of expressive works when the synthetic use is consistent with the work and AI used solely for translation or accessibility. SB 1050 does not replace AB 2602’s contract rules or AB 1836’s postmortem rights. Keep executed agreements, representation records, rights-holder consent, and generated-use evidence. Link assets to their limits for edits and distribution. Seek counsel on fact-specific exceptions.