Bill Text: CA AB2602 | 2023-2024 | Regular Session | Amended
Bill Title: Contracts against public policy: personal or professional services: digital replicas.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Engrossed) 2024-08-05 - In committee: Referred to APPR suspense file. [AB2602 Detail]
Download: California-2023-AB2602-Amended.html
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Amended
IN
Senate
June 10, 2024 |
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Amended
IN
Assembly
April 25, 2024 |
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Amended
IN
Assembly
April 15, 2024 |
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Amended
IN
Assembly
April 01, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2602
| Introduced by Assembly Members Kalra, Bryan, and Friedman (Principal coauthor: Assembly Member Haney) (Coauthors: Assembly Members McKinnor and Schiavo) |
February 14, 2024 |
An act to add Section 927 to the Labor Code, relating to employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 2602, as amended, Kalra.
Contracts against public policy: personal or professional services: digital replicas.
Existing law prohibits an employer from requiring an employee or applicant for employment to agree, in writing, to any term or condition that is known by the employer to be illegal. Existing law provides that certain contractual agreements between an employer and employee are against public policy, including specified provisions affecting an employee’s membership in a labor organization and the protection of state law in employment. Under existing law, enforcement of state labor laws is generally committed to the Division of Labor Standards Enforcement within the Department of Industrial Relations under the direction of the Labor Commissioner.
This bill would provide that a provision in an agreement between an individual and any other person for the performance of personal or professional services is unenforceable only as it relates to a new
performance, fixed on or after January 1, 2025, by a digital replica of the individual if the provision meets specified conditions relating to the use of a digital replica of the voice or likeness of an individual in lieu of the work of the individual. The bill would define “digital replica” to mean a digital simulation of the voice or likeness of an individual that so closely resembles the individual’s voice or likeness that a layperson would not be able to readily distinguish the digital simulation from the individual’s authentic voice or likeness.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 927 is added to the Labor Code, to read:927.
(a) A provision in an agreement between an individual and any other person for the performance of personal or professional services is unenforceable only as it relates to a new performance, fixed on or after January 1, 2025, by a digital replica of the individual if the provision meets all of the following conditions:(1) The provision allows for the creation and use of a digital replica of the individual’s voice or likeness in place of work the individual would otherwise have performed in person.
(2) The (A) Except as provided in subparagraph (B), the provision does not include a reasonably specific description of the intended uses of the digital replica.
(B) Failure to include a reasonably specific description of the intended uses of a digital replica does not render the provision unenforceable if the uses are consistent with the terms of the contract for the performance of personal or professional services and the fundamental character of the photography or soundtrack as recorded or performed.
(3) The individual was not represented in either
any of the following manners:
(A) By legal counsel who negotiated on behalf of the individual licensing the individual’s digital replica rights, and the licensing commercial terms are stated clearly and conspicuously in an employment a contract that is separately signed or initialed by the individual or in a separate writing that is
or other writing signed or initialed by the individual.
(B) By a labor union representing workers who do the proposed work, and the terms of their collective bargaining agreement expressly covers addresses uses of digital replicas.
(b) This section does not affect provisions of a contract other than a provision that falls under subdivision (a).
(a) and does not impact, abrogate, or otherwise affect any exclusivity grants contained in, or related to, a provision subject to subdivision (a).
(c) As used in this section, “digital replica” means a digital simulation of the voice or likeness of an individual that so closely resembles the individual’s voice or likeness that a layperson would not be able to readily distinguish the digital simulation from the individual’s authentic voice or likeness.
