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| 1 | - | Amended IN Senate | |
| 1 | + | Amended IN Senate March 27, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 564Introduced by Senator LeyvaFebruary 22, 2019An act to amend Section 3344 of the Civil Code, relating to privacy. An act to add Section 1708.86 to the Civil Code, relating to privacy.LEGISLATIVE COUNSEL'S DIGESTSB 564, as amended, Leyva. Privacy: use of a persons name, voice, signature, photograph, or likeness. Depiction of individual using digital or electronic technology: sexually explicit material: cause of action.Existing law creates a private right of action against a person who intentionally distributes a photograph or recorded image of another that exposes the intimate body parts of that person or of a person engaged in a sexual act without the persons consent if specified conditions are met.This bill would provide that a depicted individual, as defined, who suffers harm resulting from the intentional disclosure of sexually explicit material without their consent has a cause of action against a person who creates and discloses the sexually explicit material if the person knew or reasonably should have known the depicted individual did not consent, and against a person who discloses, but does not create, the sexually explicit material if the person knew the depicted individual did not consent. The bill would exclude from liability the disclosure of sexually explicit material under specified circumstances, and would establish procedures and requirements for bringing a cause of action under these provisions, including provisions on damages, the use of a pseudonym in pleadings, and requiring an action to be brought within a specified time.Existing law provides that any person who knowingly uses anothers name, voice, signature, photograph, or likeness in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods, or services without that persons prior consent is liable for damages, as specified. This bill would make nonsubstantive changes to this provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1708.86 is added to the Civil Code, to read:1708.86. (a) For purposes of this section:(1) Authorized Representative means an attorney, talent agent, or personal manager authorized to represent a depicted individual or, if the depicted individual does not have an attorney, talent agent, or personal manager, a labor union representing performers in audiovisual works.(2) (A) Consent means an agreement written in plain language signed knowingly and voluntarily by the depicted individual that includes a description of the sexually explicit material and the audiovisual work in which it will be incorporated.(B) A depicted individual may rescind consent by delivering written notice within three business days from the date consent was given to the person in whose favor consent was made unless one of the following requirements is satisfied:(i) The depicted individual is given at least 72 hours to review the terms of the agreement before signing it.(ii) The depicted individuals authorized representative provides written approval of the signed agreement.(3) Depicted individual means an individual depicted in a realistic digitized performance in which the individual did not actually perform. For purposes of this paragraph, digitized includes depicting the nude body parts of another human being as being those of the individual or imposing digitally created nude body parts onto the individual.(4) Disclose means to transfer, publish, make available, or distribute.(5) Harm includes, but is not limited to, economic harm or emotional distress.(6) Individual means a natural person.(7) Nude means visible genitals, pubic area, anus, or a females post pubescent nipple or areola.(8) Person means a human being or legal entity.(9) Sexual conduct means any of the following:(A) Masturbation.(B) Sexual intercourse, including genital, oral, or anal, whether between persons regardless of sex or gender or between humans and animals.(C) Sexual penetration of the mouth, vagina, or rectum by, or with, an object.(D) The transfer of semen onto the depicted individual.(E) Sadomasochistic abuse involving the depicted individual.(10) Sexually explicit material means any portion of an audiovisual work that shows the depicted individual performing in the nude or appearing to engage in, or being subjected to, sexual conduct.(b) A depicted individual who has suffered harm resulting from the intentional disclosure of sexually explicit material without the depicted individuals consent has a cause of action against a person who does either of the following:(1) The person creates and discloses sexually explicit material in an audiovisual work and the person knew or reasonably should have known the depicted individual did not consent.(2) The person discloses, but did not create, sexually explicit material in an audiovisual work and the person knew the depicted individual did not consent.(c) (1) A person is not liable under this section if the person proves any of the following:(A) The person disclosed the sexually explicit material in the course of reporting unlawful activity, in the course of a legal proceeding, or the person is a member of law enforcement and disclosed the sexually explicit material in the course of exercising the persons law enforcement duties.(B) The person disclosed the sexually explicit material in relation to a matter of legitimate public concern.(C) The person disclosed the sexually explicit material in a work of political or newsworthy value, or similar work.(D) The person disclosed the sexually explicit material for the purposes of commentary or criticism or the disclosure is otherwise protected by the California Constitution or the United States Constitution.(2) For purposes of this subdivision, sexually explicit material is not of newsworthy value because the depicted individual is a public figure.(d) It shall not be a defense to an action under this section that there is a disclaimer included in the sexually explicit material that communicates that the inclusion of the depicted individual in the sexually explicit material was unauthorized or that the depicted individual did not participate in the creation or development of the material.(e) (1) A prevailing plaintiff may recover any of the following:(A) Economic and noneconomic damages proximately caused by the disclosure of the sexually explicit material, including damages for emotional distress.(B) An amount equal to the monetary gain made by the defendant from the creation, development, or disclosure of the sexually explicit material, or the plaintiff may, at any time before the final judgment is rendered, recover instead an award of statutory damages for all unauthorized acts involved in the action, with respect to any one work, in a sum not less than five thousand dollars ($5,000) or more than five hundred thousand dollars ($500,000).(C) Punitive damages.(D) Reasonable attorneys fees and costs.(E) Any other available relief, including injunctive relief.(2) This act does not affect any right or remedy available under any other law.(f) An action under this section shall be brought no later than five years from the date the unauthorized creation, development, or disclosure was discovered or should have been discovered with the exercise of reasonable diligence.(g) (1) A plaintiff may proceed using a pseudonym, either John Doe, Jane Doe, or Doe, for the true name of the plaintiff and may exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the plaintiff. A plaintiff who proceeds using a pseudonym and excluding or redacting identifying characteristics as provided in this section shall file with the court and serve upon the defendant a confidential information form for this purpose that includes the plaintiffs name and other identifying characteristics excluded or redacted. The court shall keep the plaintiffs name and excluded or redacted characteristics confidential.(2) In cases where a plaintiff proceeds using a pseudonym under this section, the following provisions shall apply:(A) All other parties and their agents and attorneys shall use this pseudonym in all pleadings, discovery documents, and other documents filed or served in the action, and at hearings, trial, and other court proceedings that are open to the public.(B) (i) Any party filing a pleading, discovery document, or other document in the action shall exclude or redact any identifying characteristics of the plaintiff from the pleading, discovery document, or other document, except for a confidential information form filed pursuant to this subdivision.(ii) A party excluding or redacting identifying characteristics as provided in this section shall file with the court and serve upon all other parties a confidential information form that includes the plaintiffs name and other identifying characteristics excluded or redacted. The court shall keep the plaintiffs name and excluded or redacted characteristics confidential.(C) All court decisions, orders, petitions, discovery documents, and other documents shall be worded so as to protect the name or other identifying characteristics of the plaintiff from public revelation.(3) The following definitions apply to this subdivision:(A) Identifying characteristics means name or any part thereof, address or any part thereof, city or unincorporated area of residence, age, marital status, relationship to defendant, and race or ethnic background, telephone number, email address, social media profiles, online identifiers, contact information, or any other information, including images of the plaintiff, from which the plaintiffs identity can be discerned.(B) Online identifiers means any personally identifying information or signifiers that would tie the plaintiff to a particular electronic service, device, or internet application, website, or platform account, including, but not limited to, access names, access codes, account names, aliases, avatars, credentials, gamer tags, display names, handles, login names, member names, online identities, pseudonyms, screen names, user accounts, user identifications, usernames, Uniform Resource Locators (URLs), domain names, Internet Protocol (IP) addresses, and media access control (MAC) addresses.(4) The responsibility for excluding or redacting the name or identifying characteristics of the plaintiff from all documents filed with the court rests solely with the parties and their attorneys. Nothing in this section requires the court to review pleadings or other papers for compliance with this provision.(5) Upon request of the plaintiff, the clerk shall allow access to the court file in an action filed under this section only as follows:(A) To a party to the action, including a partys attorney.(B) To a person by order of the court on a showing of good cause for access.(C) To any person 60 days after judgment is entered unless the court grants a plaintiffs motion to seal records pursuant to Chapter 3 of Division 4 of Title 2 of the California Rules of Court.(h) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.SECTION 1.Section 3344 of the Civil Code is amended to read:3344.(a)Any person who knowingly uses anothers name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods or services, without that persons prior consent, or, in the case of a minor, the prior consent of the minors parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof. In addition, in an action brought under this section, the person who violated the section shall be liable to the injured party or parties in an amount equal to the greater of seven hundred fifty dollars ($750) or the actual damages suffered by the person as a result of the unauthorized use, and any profits from the unauthorized use that are attributable to the use and are not taken into account in computing the actual damages. In establishing profits, the injured party or parties are required to present proof only of the gross revenue attributable to the use, and the person who violated this section is required to prove the person's deductible expenses. Punitive damages may also be awarded to the injured party or parties. The prevailing party in any action under this section shall also be entitled to attorneys fees and costs.(b)As used in this section, photograph means any photograph or photographic reproduction, still or moving, or any videotape or live television transmission, of any person, such that the person is readily identifiable.(1)A person shall be deemed to be readily identifiable from a photograph when one who views the photograph with the naked eye can reasonably determine that the person depicted in the photograph is the same person who is complaining of its unauthorized use.(2)If the photograph includes more than one person so identifiable, then the person or persons complaining of the use shall be represented as individuals rather than solely as members of a definable group represented in the photograph. A definable group includes, but is not limited to, the following examples: a crowd at any sporting event, a crowd in any street or public building, the audience at any theatrical or stage production, a glee club, or a baseball team.(3)A person or persons shall be considered to be represented as members of a definable group if they are represented in the photograph solely as a result of being present at the time the photograph was taken and have not been singled out as individuals in any manner.(c)Where a photograph or likeness of an employee of the person using the photograph or likeness appearing in the advertisement or other publication prepared by or in behalf of the user is only incidental, and not essential, to the purpose of the publication in which it appears, there shall arise a rebuttable presumption affecting the burden of producing evidence that the failure to obtain the consent of the employee was not a knowing use of the employees photograph or likeness.(d)For purposes of this section, a use of a name, voice, signature, photograph, or likeness in connection with any news, public affairs, or sports broadcast or account, or any political campaign, shall not constitute a use for which consent is required under subdivision (a).(e)The use of a name, voice, signature, photograph, or likeness in a commercial medium shall not constitute a use for which consent is required under subdivision (a) solely because the material containing the use is commercially sponsored or contains paid advertising. Rather it shall be a question of fact whether or not the use of the persons name, voice, signature, photograph, or likeness was so directly connected with the commercial sponsorship or with the paid advertising as to constitute a use for which consent is required under subdivision (a).(f)Nothing in this section shall apply to the owners or employees of any medium used for advertising, including, but not limited to, newspapers, magazines, radio and television networks and stations, cable television systems, billboards, and transit ads, by whom any advertisement or solicitation in violation of this section is published or disseminated, unless it is established that the owners or employees had knowledge of the unauthorized use of the persons name, voice, signature, photograph, or likeness as prohibited by this section.(g)The remedies provided for in this section are cumulative and shall be in addition to any others provided for by law. | |
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| 3 | + | Amended IN Senate March 27, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 564Introduced by Senator LeyvaFebruary 22, 2019An act to amend Section 3344 of the Civil Code, relating to privacy. An act to add Section 1708.86 to the Civil Code, relating to privacy.LEGISLATIVE COUNSEL'S DIGESTSB 564, as amended, Leyva. Privacy: use of a persons name, voice, signature, photograph, or likeness. Depiction of individual using digital or electronic technology: sexually explicit material: cause of action.Existing law creates a private right of action against a person who intentionally distributes a photograph or recorded image of another that exposes the intimate body parts of that person or of a person engaged in a sexual act without the persons consent if specified conditions are met.This bill would provide that a depicted individual, as defined, who suffers harm resulting from the intentional disclosure of sexually explicit material without their consent has a cause of action against a person who creates and discloses the sexually explicit material if the person knew or reasonably should have known the depicted individual did not consent, and against a person who discloses, but does not create, the sexually explicit material if the person knew the depicted individual did not consent. The bill would exclude from liability the disclosure of sexually explicit material under specified circumstances, and would establish procedures and requirements for bringing a cause of action under these provisions, including provisions on damages, the use of a pseudonym in pleadings, and requiring an action to be brought within a specified time.Existing law provides that any person who knowingly uses anothers name, voice, signature, photograph, or likeness in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods, or services without that persons prior consent is liable for damages, as specified. This bill would make nonsubstantive changes to this provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Senate March 27, 2019 | |
| 6 | 6 | ||
| 7 | - | Amended IN Senate May 02, 2019 | |
| 8 | 7 | Amended IN Senate March 27, 2019 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Senate Bill No. 564 | |
| 13 | 12 | ||
| 14 | 13 | Introduced by Senator LeyvaFebruary 22, 2019 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Senator Leyva | |
| 17 | 16 | February 22, 2019 | |
| 18 | 17 | ||
| 19 | - | An act to add Section 1708.86 to the Civil Code, relating to privacy. | |
| 18 | + | An act to amend Section 3344 of the Civil Code, relating to privacy. An act to add Section 1708.86 to the Civil Code, relating to privacy. | |
| 20 | 19 | ||
| 21 | 20 | LEGISLATIVE COUNSEL'S DIGEST | |
| 22 | 21 | ||
| 23 | 22 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | - | SB 564, as amended, Leyva. Depiction of individual using digital or electronic technology: sexually explicit material: cause of action. | |
| 24 | + | SB 564, as amended, Leyva. Privacy: use of a persons name, voice, signature, photograph, or likeness. Depiction of individual using digital or electronic technology: sexually explicit material: cause of action. | |
| 26 | 25 | ||
| 27 | - | Existing law creates a private right of action against a person who intentionally distributes a photograph or recorded image of another that exposes the intimate body parts of that person or of a person engaged in a sexual act without the persons consent if specified conditions are met.This bill would provide that a depicted individual, as defined, who suffers harm resulting from the intentional disclosure of sexually explicit material without their consent has a cause of action against a person who creates and discloses the sexually explicit material if the person knew or reasonably should have known the depicted individual did not consent, and against a person who discloses, but does not create, the sexually explicit material if the person knew the depicted individual did not consent. The bill would exclude from liability the disclosure of sexually explicit material under specified circumstances, and would establish procedures and requirements for bringing a cause of action under these provisions, including provisions on damages, the use of a pseudonym in pleadings, and requiring an action to be brought within a specified time. | |
| 26 | + | Existing law creates a private right of action against a person who intentionally distributes a photograph or recorded image of another that exposes the intimate body parts of that person or of a person engaged in a sexual act without the persons consent if specified conditions are met.This bill would provide that a depicted individual, as defined, who suffers harm resulting from the intentional disclosure of sexually explicit material without their consent has a cause of action against a person who creates and discloses the sexually explicit material if the person knew or reasonably should have known the depicted individual did not consent, and against a person who discloses, but does not create, the sexually explicit material if the person knew the depicted individual did not consent. The bill would exclude from liability the disclosure of sexually explicit material under specified circumstances, and would establish procedures and requirements for bringing a cause of action under these provisions, including provisions on damages, the use of a pseudonym in pleadings, and requiring an action to be brought within a specified time.Existing law provides that any person who knowingly uses anothers name, voice, signature, photograph, or likeness in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods, or services without that persons prior consent is liable for damages, as specified. This bill would make nonsubstantive changes to this provision. | |
| 28 | 27 | ||
| 29 | 28 | Existing law creates a private right of action against a person who intentionally distributes a photograph or recorded image of another that exposes the intimate body parts of that person or of a person engaged in a sexual act without the persons consent if specified conditions are met. | |
| 30 | 29 | ||
| 31 | 30 | This bill would provide that a depicted individual, as defined, who suffers harm resulting from the intentional disclosure of sexually explicit material without their consent has a cause of action against a person who creates and discloses the sexually explicit material if the person knew or reasonably should have known the depicted individual did not consent, and against a person who discloses, but does not create, the sexually explicit material if the person knew the depicted individual did not consent. The bill would exclude from liability the disclosure of sexually explicit material under specified circumstances, and would establish procedures and requirements for bringing a cause of action under these provisions, including provisions on damages, the use of a pseudonym in pleadings, and requiring an action to be brought within a specified time. | |
| 32 | 31 | ||
| 32 | + | Existing law provides that any person who knowingly uses anothers name, voice, signature, photograph, or likeness in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods, or services without that persons prior consent is liable for damages, as specified. | |
| 33 | + | ||
| 34 | + | ||
| 35 | + | ||
| 36 | + | This bill would make nonsubstantive changes to this provision. | |
| 37 | + | ||
| 38 | + | ||
| 39 | + | ||
| 33 | 40 | ## Digest Key | |
| 34 | 41 | ||
| 35 | 42 | ## Bill Text | |
| 36 | 43 | ||
| 37 | - | The people of the State of California do enact as follows:SECTION 1. Section 1708.86 is added to the Civil Code, to read:1708.86. (a) For purposes of this section:(1) Authorized Representative means an attorney, talent agent, or personal manager authorized to represent a depicted individual or, if the depicted individual does not have an attorney, talent agent, or personal manager, a labor union representing performers in audiovisual works.(2) (A) Consent means an agreement written in plain language signed knowingly and voluntarily by the depicted individual that includes a description of the sexually explicit material and the audiovisual work in which it will be incorporated.(B) A depicted individual may rescind consent by delivering written notice within three business days from the date consent was given to the person in whose favor consent was made unless one of the following requirements is satisfied:(i) The depicted individual is given at least 72 hours to review the terms of the agreement before signing it.(ii) The depicted individuals authorized representative provides written approval of the signed agreement.(3) Depicted individual means an individual depicted in a realistic digitized performance in which the individual did not actually perform. For purposes of this paragraph, digitized includes depicting the nude body parts of another human being as being those of the individual or imposing digitally created nude body parts onto the individual.(4) Disclose means to transfer, publish, make available, or distribute.(5) Harm includes, but is not limited to, economic harm or emotional distress.(6) Individual means a natural person.(7) Nude means visible genitals, pubic area, anus, or a females post pubescent | |
| 44 | + | The people of the State of California do enact as follows:SECTION 1. Section 1708.86 is added to the Civil Code, to read:1708.86. (a) For purposes of this section:(1) Authorized Representative means an attorney, talent agent, or personal manager authorized to represent a depicted individual or, if the depicted individual does not have an attorney, talent agent, or personal manager, a labor union representing performers in audiovisual works.(2) (A) Consent means an agreement written in plain language signed knowingly and voluntarily by the depicted individual that includes a description of the sexually explicit material and the audiovisual work in which it will be incorporated.(B) A depicted individual may rescind consent by delivering written notice within three business days from the date consent was given to the person in whose favor consent was made unless one of the following requirements is satisfied:(i) The depicted individual is given at least 72 hours to review the terms of the agreement before signing it.(ii) The depicted individuals authorized representative provides written approval of the signed agreement.(3) Depicted individual means an individual depicted in a realistic digitized performance in which the individual did not actually perform. For purposes of this paragraph, digitized includes depicting the nude body parts of another human being as being those of the individual or imposing digitally created nude body parts onto the individual.(4) Disclose means to transfer, publish, make available, or distribute.(5) Harm includes, but is not limited to, economic harm or emotional distress.(6) Individual means a natural person.(7) Nude means visible genitals, pubic area, anus, or a females post pubescent nipple or areola.(8) Person means a human being or legal entity.(9) Sexual conduct means any of the following:(A) Masturbation.(B) Sexual intercourse, including genital, oral, or anal, whether between persons regardless of sex or gender or between humans and animals.(C) Sexual penetration of the mouth, vagina, or rectum by, or with, an object.(D) The transfer of semen onto the depicted individual.(E) Sadomasochistic abuse involving the depicted individual.(10) Sexually explicit material means any portion of an audiovisual work that shows the depicted individual performing in the nude or appearing to engage in, or being subjected to, sexual conduct.(b) A depicted individual who has suffered harm resulting from the intentional disclosure of sexually explicit material without the depicted individuals consent has a cause of action against a person who does either of the following:(1) The person creates and discloses sexually explicit material in an audiovisual work and the person knew or reasonably should have known the depicted individual did not consent.(2) The person discloses, but did not create, sexually explicit material in an audiovisual work and the person knew the depicted individual did not consent.(c) (1) A person is not liable under this section if the person proves any of the following:(A) The person disclosed the sexually explicit material in the course of reporting unlawful activity, in the course of a legal proceeding, or the person is a member of law enforcement and disclosed the sexually explicit material in the course of exercising the persons law enforcement duties.(B) The person disclosed the sexually explicit material in relation to a matter of legitimate public concern.(C) The person disclosed the sexually explicit material in a work of political or newsworthy value, or similar work.(D) The person disclosed the sexually explicit material for the purposes of commentary or criticism or the disclosure is otherwise protected by the California Constitution or the United States Constitution.(2) For purposes of this subdivision, sexually explicit material is not of newsworthy value because the depicted individual is a public figure.(d) It shall not be a defense to an action under this section that there is a disclaimer included in the sexually explicit material that communicates that the inclusion of the depicted individual in the sexually explicit material was unauthorized or that the depicted individual did not participate in the creation or development of the material.(e) (1) A prevailing plaintiff may recover any of the following:(A) Economic and noneconomic damages proximately caused by the disclosure of the sexually explicit material, including damages for emotional distress.(B) An amount equal to the monetary gain made by the defendant from the creation, development, or disclosure of the sexually explicit material, or the plaintiff may, at any time before the final judgment is rendered, recover instead an award of statutory damages for all unauthorized acts involved in the action, with respect to any one work, in a sum not less than five thousand dollars ($5,000) or more than five hundred thousand dollars ($500,000).(C) Punitive damages.(D) Reasonable attorneys fees and costs.(E) Any other available relief, including injunctive relief.(2) This act does not affect any right or remedy available under any other law.(f) An action under this section shall be brought no later than five years from the date the unauthorized creation, development, or disclosure was discovered or should have been discovered with the exercise of reasonable diligence.(g) (1) A plaintiff may proceed using a pseudonym, either John Doe, Jane Doe, or Doe, for the true name of the plaintiff and may exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the plaintiff. A plaintiff who proceeds using a pseudonym and excluding or redacting identifying characteristics as provided in this section shall file with the court and serve upon the defendant a confidential information form for this purpose that includes the plaintiffs name and other identifying characteristics excluded or redacted. The court shall keep the plaintiffs name and excluded or redacted characteristics confidential.(2) In cases where a plaintiff proceeds using a pseudonym under this section, the following provisions shall apply:(A) All other parties and their agents and attorneys shall use this pseudonym in all pleadings, discovery documents, and other documents filed or served in the action, and at hearings, trial, and other court proceedings that are open to the public.(B) (i) Any party filing a pleading, discovery document, or other document in the action shall exclude or redact any identifying characteristics of the plaintiff from the pleading, discovery document, or other document, except for a confidential information form filed pursuant to this subdivision.(ii) A party excluding or redacting identifying characteristics as provided in this section shall file with the court and serve upon all other parties a confidential information form that includes the plaintiffs name and other identifying characteristics excluded or redacted. The court shall keep the plaintiffs name and excluded or redacted characteristics confidential.(C) All court decisions, orders, petitions, discovery documents, and other documents shall be worded so as to protect the name or other identifying characteristics of the plaintiff from public revelation.(3) The following definitions apply to this subdivision:(A) Identifying characteristics means name or any part thereof, address or any part thereof, city or unincorporated area of residence, age, marital status, relationship to defendant, and race or ethnic background, telephone number, email address, social media profiles, online identifiers, contact information, or any other information, including images of the plaintiff, from which the plaintiffs identity can be discerned.(B) Online identifiers means any personally identifying information or signifiers that would tie the plaintiff to a particular electronic service, device, or internet application, website, or platform account, including, but not limited to, access names, access codes, account names, aliases, avatars, credentials, gamer tags, display names, handles, login names, member names, online identities, pseudonyms, screen names, user accounts, user identifications, usernames, Uniform Resource Locators (URLs), domain names, Internet Protocol (IP) addresses, and media access control (MAC) addresses.(4) The responsibility for excluding or redacting the name or identifying characteristics of the plaintiff from all documents filed with the court rests solely with the parties and their attorneys. Nothing in this section requires the court to review pleadings or other papers for compliance with this provision.(5) Upon request of the plaintiff, the clerk shall allow access to the court file in an action filed under this section only as follows:(A) To a party to the action, including a partys attorney.(B) To a person by order of the court on a showing of good cause for access.(C) To any person 60 days after judgment is entered unless the court grants a plaintiffs motion to seal records pursuant to Chapter 3 of Division 4 of Title 2 of the California Rules of Court.(h) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.SECTION 1.Section 3344 of the Civil Code is amended to read:3344.(a)Any person who knowingly uses anothers name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods or services, without that persons prior consent, or, in the case of a minor, the prior consent of the minors parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof. In addition, in an action brought under this section, the person who violated the section shall be liable to the injured party or parties in an amount equal to the greater of seven hundred fifty dollars ($750) or the actual damages suffered by the person as a result of the unauthorized use, and any profits from the unauthorized use that are attributable to the use and are not taken into account in computing the actual damages. In establishing profits, the injured party or parties are required to present proof only of the gross revenue attributable to the use, and the person who violated this section is required to prove the person's deductible expenses. Punitive damages may also be awarded to the injured party or parties. The prevailing party in any action under this section shall also be entitled to attorneys fees and costs.(b)As used in this section, photograph means any photograph or photographic reproduction, still or moving, or any videotape or live television transmission, of any person, such that the person is readily identifiable.(1)A person shall be deemed to be readily identifiable from a photograph when one who views the photograph with the naked eye can reasonably determine that the person depicted in the photograph is the same person who is complaining of its unauthorized use.(2)If the photograph includes more than one person so identifiable, then the person or persons complaining of the use shall be represented as individuals rather than solely as members of a definable group represented in the photograph. A definable group includes, but is not limited to, the following examples: a crowd at any sporting event, a crowd in any street or public building, the audience at any theatrical or stage production, a glee club, or a baseball team.(3)A person or persons shall be considered to be represented as members of a definable group if they are represented in the photograph solely as a result of being present at the time the photograph was taken and have not been singled out as individuals in any manner.(c)Where a photograph or likeness of an employee of the person using the photograph or likeness appearing in the advertisement or other publication prepared by or in behalf of the user is only incidental, and not essential, to the purpose of the publication in which it appears, there shall arise a rebuttable presumption affecting the burden of producing evidence that the failure to obtain the consent of the employee was not a knowing use of the employees photograph or likeness.(d)For purposes of this section, a use of a name, voice, signature, photograph, or likeness in connection with any news, public affairs, or sports broadcast or account, or any political campaign, shall not constitute a use for which consent is required under subdivision (a).(e)The use of a name, voice, signature, photograph, or likeness in a commercial medium shall not constitute a use for which consent is required under subdivision (a) solely because the material containing the use is commercially sponsored or contains paid advertising. Rather it shall be a question of fact whether or not the use of the persons name, voice, signature, photograph, or likeness was so directly connected with the commercial sponsorship or with the paid advertising as to constitute a use for which consent is required under subdivision (a).(f)Nothing in this section shall apply to the owners or employees of any medium used for advertising, including, but not limited to, newspapers, magazines, radio and television networks and stations, cable television systems, billboards, and transit ads, by whom any advertisement or solicitation in violation of this section is published or disseminated, unless it is established that the owners or employees had knowledge of the unauthorized use of the persons name, voice, signature, photograph, or likeness as prohibited by this section.(g)The remedies provided for in this section are cumulative and shall be in addition to any others provided for by law. | |
| 38 | 45 | ||
| 39 | 46 | The people of the State of California do enact as follows: | |
| 40 | 47 | ||
| 41 | 48 | ## The people of the State of California do enact as follows: | |
| 42 | 49 | ||
| 43 | - | SECTION 1. Section 1708.86 is added to the Civil Code, to read:1708.86. (a) For purposes of this section:(1) Authorized Representative means an attorney, talent agent, or personal manager authorized to represent a depicted individual or, if the depicted individual does not have an attorney, talent agent, or personal manager, a labor union representing performers in audiovisual works.(2) (A) Consent means an agreement written in plain language signed knowingly and voluntarily by the depicted individual that includes a description of the sexually explicit material and the audiovisual work in which it will be incorporated.(B) A depicted individual may rescind consent by delivering written notice within three business days from the date consent was given to the person in whose favor consent was made unless one of the following requirements is satisfied:(i) The depicted individual is given at least 72 hours to review the terms of the agreement before signing it.(ii) The depicted individuals authorized representative provides written approval of the signed agreement.(3) Depicted individual means an individual depicted in a realistic digitized performance in which the individual did not actually perform. For purposes of this paragraph, digitized includes depicting the nude body parts of another human being as being those of the individual or imposing digitally created nude body parts onto the individual.(4) Disclose means to transfer, publish, make available, or distribute.(5) Harm includes, but is not limited to, economic harm or emotional distress.(6) Individual means a natural person.(7) Nude means visible genitals, pubic area, anus, or a females post pubescent | |
| 50 | + | SECTION 1. Section 1708.86 is added to the Civil Code, to read:1708.86. (a) For purposes of this section:(1) Authorized Representative means an attorney, talent agent, or personal manager authorized to represent a depicted individual or, if the depicted individual does not have an attorney, talent agent, or personal manager, a labor union representing performers in audiovisual works.(2) (A) Consent means an agreement written in plain language signed knowingly and voluntarily by the depicted individual that includes a description of the sexually explicit material and the audiovisual work in which it will be incorporated.(B) A depicted individual may rescind consent by delivering written notice within three business days from the date consent was given to the person in whose favor consent was made unless one of the following requirements is satisfied:(i) The depicted individual is given at least 72 hours to review the terms of the agreement before signing it.(ii) The depicted individuals authorized representative provides written approval of the signed agreement.(3) Depicted individual means an individual depicted in a realistic digitized performance in which the individual did not actually perform. For purposes of this paragraph, digitized includes depicting the nude body parts of another human being as being those of the individual or imposing digitally created nude body parts onto the individual.(4) Disclose means to transfer, publish, make available, or distribute.(5) Harm includes, but is not limited to, economic harm or emotional distress.(6) Individual means a natural person.(7) Nude means visible genitals, pubic area, anus, or a females post pubescent nipple or areola.(8) Person means a human being or legal entity.(9) Sexual conduct means any of the following:(A) Masturbation.(B) Sexual intercourse, including genital, oral, or anal, whether between persons regardless of sex or gender or between humans and animals.(C) Sexual penetration of the mouth, vagina, or rectum by, or with, an object.(D) The transfer of semen onto the depicted individual.(E) Sadomasochistic abuse involving the depicted individual.(10) Sexually explicit material means any portion of an audiovisual work that shows the depicted individual performing in the nude or appearing to engage in, or being subjected to, sexual conduct.(b) A depicted individual who has suffered harm resulting from the intentional disclosure of sexually explicit material without the depicted individuals consent has a cause of action against a person who does either of the following:(1) The person creates and discloses sexually explicit material in an audiovisual work and the person knew or reasonably should have known the depicted individual did not consent.(2) The person discloses, but did not create, sexually explicit material in an audiovisual work and the person knew the depicted individual did not consent.(c) (1) A person is not liable under this section if the person proves any of the following:(A) The person disclosed the sexually explicit material in the course of reporting unlawful activity, in the course of a legal proceeding, or the person is a member of law enforcement and disclosed the sexually explicit material in the course of exercising the persons law enforcement duties.(B) The person disclosed the sexually explicit material in relation to a matter of legitimate public concern.(C) The person disclosed the sexually explicit material in a work of political or newsworthy value, or similar work.(D) The person disclosed the sexually explicit material for the purposes of commentary or criticism or the disclosure is otherwise protected by the California Constitution or the United States Constitution.(2) For purposes of this subdivision, sexually explicit material is not of newsworthy value because the depicted individual is a public figure.(d) It shall not be a defense to an action under this section that there is a disclaimer included in the sexually explicit material that communicates that the inclusion of the depicted individual in the sexually explicit material was unauthorized or that the depicted individual did not participate in the creation or development of the material.(e) (1) A prevailing plaintiff may recover any of the following:(A) Economic and noneconomic damages proximately caused by the disclosure of the sexually explicit material, including damages for emotional distress.(B) An amount equal to the monetary gain made by the defendant from the creation, development, or disclosure of the sexually explicit material, or the plaintiff may, at any time before the final judgment is rendered, recover instead an award of statutory damages for all unauthorized acts involved in the action, with respect to any one work, in a sum not less than five thousand dollars ($5,000) or more than five hundred thousand dollars ($500,000).(C) Punitive damages.(D) Reasonable attorneys fees and costs.(E) Any other available relief, including injunctive relief.(2) This act does not affect any right or remedy available under any other law.(f) An action under this section shall be brought no later than five years from the date the unauthorized creation, development, or disclosure was discovered or should have been discovered with the exercise of reasonable diligence.(g) (1) A plaintiff may proceed using a pseudonym, either John Doe, Jane Doe, or Doe, for the true name of the plaintiff and may exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the plaintiff. A plaintiff who proceeds using a pseudonym and excluding or redacting identifying characteristics as provided in this section shall file with the court and serve upon the defendant a confidential information form for this purpose that includes the plaintiffs name and other identifying characteristics excluded or redacted. The court shall keep the plaintiffs name and excluded or redacted characteristics confidential.(2) In cases where a plaintiff proceeds using a pseudonym under this section, the following provisions shall apply:(A) All other parties and their agents and attorneys shall use this pseudonym in all pleadings, discovery documents, and other documents filed or served in the action, and at hearings, trial, and other court proceedings that are open to the public.(B) (i) Any party filing a pleading, discovery document, or other document in the action shall exclude or redact any identifying characteristics of the plaintiff from the pleading, discovery document, or other document, except for a confidential information form filed pursuant to this subdivision.(ii) A party excluding or redacting identifying characteristics as provided in this section shall file with the court and serve upon all other parties a confidential information form that includes the plaintiffs name and other identifying characteristics excluded or redacted. The court shall keep the plaintiffs name and excluded or redacted characteristics confidential.(C) All court decisions, orders, petitions, discovery documents, and other documents shall be worded so as to protect the name or other identifying characteristics of the plaintiff from public revelation.(3) The following definitions apply to this subdivision:(A) Identifying characteristics means name or any part thereof, address or any part thereof, city or unincorporated area of residence, age, marital status, relationship to defendant, and race or ethnic background, telephone number, email address, social media profiles, online identifiers, contact information, or any other information, including images of the plaintiff, from which the plaintiffs identity can be discerned.(B) Online identifiers means any personally identifying information or signifiers that would tie the plaintiff to a particular electronic service, device, or internet application, website, or platform account, including, but not limited to, access names, access codes, account names, aliases, avatars, credentials, gamer tags, display names, handles, login names, member names, online identities, pseudonyms, screen names, user accounts, user identifications, usernames, Uniform Resource Locators (URLs), domain names, Internet Protocol (IP) addresses, and media access control (MAC) addresses.(4) The responsibility for excluding or redacting the name or identifying characteristics of the plaintiff from all documents filed with the court rests solely with the parties and their attorneys. Nothing in this section requires the court to review pleadings or other papers for compliance with this provision.(5) Upon request of the plaintiff, the clerk shall allow access to the court file in an action filed under this section only as follows:(A) To a party to the action, including a partys attorney.(B) To a person by order of the court on a showing of good cause for access.(C) To any person 60 days after judgment is entered unless the court grants a plaintiffs motion to seal records pursuant to Chapter 3 of Division 4 of Title 2 of the California Rules of Court.(h) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. | |
| 44 | 51 | ||
| 45 | 52 | SECTION 1. Section 1708.86 is added to the Civil Code, to read: | |
| 46 | 53 | ||
| 47 | 54 | ### SECTION 1. | |
| 48 | 55 | ||
| 49 | - | 1708.86. (a) For purposes of this section:(1) Authorized Representative means an attorney, talent agent, or personal manager authorized to represent a depicted individual or, if the depicted individual does not have an attorney, talent agent, or personal manager, a labor union representing performers in audiovisual works.(2) (A) Consent means an agreement written in plain language signed knowingly and voluntarily by the depicted individual that includes a description of the sexually explicit material and the audiovisual work in which it will be incorporated.(B) A depicted individual may rescind consent by delivering written notice within three business days from the date consent was given to the person in whose favor consent was made unless one of the following requirements is satisfied:(i) The depicted individual is given at least 72 hours to review the terms of the agreement before signing it.(ii) The depicted individuals authorized representative provides written approval of the signed agreement.(3) Depicted individual means an individual depicted in a realistic digitized performance in which the individual did not actually perform. For purposes of this paragraph, digitized includes depicting the nude body parts of another human being as being those of the individual or imposing digitally created nude body parts onto the individual.(4) Disclose means to transfer, publish, make available, or distribute.(5) Harm includes, but is not limited to, economic harm or emotional distress.(6) Individual means a natural person.(7) Nude means visible genitals, pubic area, anus, or a females post pubescent | |
| 56 | + | 1708.86. (a) For purposes of this section:(1) Authorized Representative means an attorney, talent agent, or personal manager authorized to represent a depicted individual or, if the depicted individual does not have an attorney, talent agent, or personal manager, a labor union representing performers in audiovisual works.(2) (A) Consent means an agreement written in plain language signed knowingly and voluntarily by the depicted individual that includes a description of the sexually explicit material and the audiovisual work in which it will be incorporated.(B) A depicted individual may rescind consent by delivering written notice within three business days from the date consent was given to the person in whose favor consent was made unless one of the following requirements is satisfied:(i) The depicted individual is given at least 72 hours to review the terms of the agreement before signing it.(ii) The depicted individuals authorized representative provides written approval of the signed agreement.(3) Depicted individual means an individual depicted in a realistic digitized performance in which the individual did not actually perform. For purposes of this paragraph, digitized includes depicting the nude body parts of another human being as being those of the individual or imposing digitally created nude body parts onto the individual.(4) Disclose means to transfer, publish, make available, or distribute.(5) Harm includes, but is not limited to, economic harm or emotional distress.(6) Individual means a natural person.(7) Nude means visible genitals, pubic area, anus, or a females post pubescent nipple or areola.(8) Person means a human being or legal entity.(9) Sexual conduct means any of the following:(A) Masturbation.(B) Sexual intercourse, including genital, oral, or anal, whether between persons regardless of sex or gender or between humans and animals.(C) Sexual penetration of the mouth, vagina, or rectum by, or with, an object.(D) The transfer of semen onto the depicted individual.(E) Sadomasochistic abuse involving the depicted individual.(10) Sexually explicit material means any portion of an audiovisual work that shows the depicted individual performing in the nude or appearing to engage in, or being subjected to, sexual conduct.(b) A depicted individual who has suffered harm resulting from the intentional disclosure of sexually explicit material without the depicted individuals consent has a cause of action against a person who does either of the following:(1) The person creates and discloses sexually explicit material in an audiovisual work and the person knew or reasonably should have known the depicted individual did not consent.(2) The person discloses, but did not create, sexually explicit material in an audiovisual work and the person knew the depicted individual did not consent.(c) (1) A person is not liable under this section if the person proves any of the following:(A) The person disclosed the sexually explicit material in the course of reporting unlawful activity, in the course of a legal proceeding, or the person is a member of law enforcement and disclosed the sexually explicit material in the course of exercising the persons law enforcement duties.(B) The person disclosed the sexually explicit material in relation to a matter of legitimate public concern.(C) The person disclosed the sexually explicit material in a work of political or newsworthy value, or similar work.(D) The person disclosed the sexually explicit material for the purposes of commentary or criticism or the disclosure is otherwise protected by the California Constitution or the United States Constitution.(2) For purposes of this subdivision, sexually explicit material is not of newsworthy value because the depicted individual is a public figure.(d) It shall not be a defense to an action under this section that there is a disclaimer included in the sexually explicit material that communicates that the inclusion of the depicted individual in the sexually explicit material was unauthorized or that the depicted individual did not participate in the creation or development of the material.(e) (1) A prevailing plaintiff may recover any of the following:(A) Economic and noneconomic damages proximately caused by the disclosure of the sexually explicit material, including damages for emotional distress.(B) An amount equal to the monetary gain made by the defendant from the creation, development, or disclosure of the sexually explicit material, or the plaintiff may, at any time before the final judgment is rendered, recover instead an award of statutory damages for all unauthorized acts involved in the action, with respect to any one work, in a sum not less than five thousand dollars ($5,000) or more than five hundred thousand dollars ($500,000).(C) Punitive damages.(D) Reasonable attorneys fees and costs.(E) Any other available relief, including injunctive relief.(2) This act does not affect any right or remedy available under any other law.(f) An action under this section shall be brought no later than five years from the date the unauthorized creation, development, or disclosure was discovered or should have been discovered with the exercise of reasonable diligence.(g) (1) A plaintiff may proceed using a pseudonym, either John Doe, Jane Doe, or Doe, for the true name of the plaintiff and may exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the plaintiff. A plaintiff who proceeds using a pseudonym and excluding or redacting identifying characteristics as provided in this section shall file with the court and serve upon the defendant a confidential information form for this purpose that includes the plaintiffs name and other identifying characteristics excluded or redacted. The court shall keep the plaintiffs name and excluded or redacted characteristics confidential.(2) In cases where a plaintiff proceeds using a pseudonym under this section, the following provisions shall apply:(A) All other parties and their agents and attorneys shall use this pseudonym in all pleadings, discovery documents, and other documents filed or served in the action, and at hearings, trial, and other court proceedings that are open to the public.(B) (i) Any party filing a pleading, discovery document, or other document in the action shall exclude or redact any identifying characteristics of the plaintiff from the pleading, discovery document, or other document, except for a confidential information form filed pursuant to this subdivision.(ii) A party excluding or redacting identifying characteristics as provided in this section shall file with the court and serve upon all other parties a confidential information form that includes the plaintiffs name and other identifying characteristics excluded or redacted. The court shall keep the plaintiffs name and excluded or redacted characteristics confidential.(C) All court decisions, orders, petitions, discovery documents, and other documents shall be worded so as to protect the name or other identifying characteristics of the plaintiff from public revelation.(3) The following definitions apply to this subdivision:(A) Identifying characteristics means name or any part thereof, address or any part thereof, city or unincorporated area of residence, age, marital status, relationship to defendant, and race or ethnic background, telephone number, email address, social media profiles, online identifiers, contact information, or any other information, including images of the plaintiff, from which the plaintiffs identity can be discerned.(B) Online identifiers means any personally identifying information or signifiers that would tie the plaintiff to a particular electronic service, device, or internet application, website, or platform account, including, but not limited to, access names, access codes, account names, aliases, avatars, credentials, gamer tags, display names, handles, login names, member names, online identities, pseudonyms, screen names, user accounts, user identifications, usernames, Uniform Resource Locators (URLs), domain names, Internet Protocol (IP) addresses, and media access control (MAC) addresses.(4) The responsibility for excluding or redacting the name or identifying characteristics of the plaintiff from all documents filed with the court rests solely with the parties and their attorneys. Nothing in this section requires the court to review pleadings or other papers for compliance with this provision.(5) Upon request of the plaintiff, the clerk shall allow access to the court file in an action filed under this section only as follows:(A) To a party to the action, including a partys attorney.(B) To a person by order of the court on a showing of good cause for access.(C) To any person 60 days after judgment is entered unless the court grants a plaintiffs motion to seal records pursuant to Chapter 3 of Division 4 of Title 2 of the California Rules of Court.(h) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. | |
| 50 | 57 | ||
| 51 | - | 1708.86. (a) For purposes of this section:(1) Authorized Representative means an attorney, talent agent, or personal manager authorized to represent a depicted individual or, if the depicted individual does not have an attorney, talent agent, or personal manager, a labor union representing performers in audiovisual works.(2) (A) Consent means an agreement written in plain language signed knowingly and voluntarily by the depicted individual that includes a description of the sexually explicit material and the audiovisual work in which it will be incorporated.(B) A depicted individual may rescind consent by delivering written notice within three business days from the date consent was given to the person in whose favor consent was made unless one of the following requirements is satisfied:(i) The depicted individual is given at least 72 hours to review the terms of the agreement before signing it.(ii) The depicted individuals authorized representative provides written approval of the signed agreement.(3) Depicted individual means an individual depicted in a realistic digitized performance in which the individual did not actually perform. For purposes of this paragraph, digitized includes depicting the nude body parts of another human being as being those of the individual or imposing digitally created nude body parts onto the individual.(4) Disclose means to transfer, publish, make available, or distribute.(5) Harm includes, but is not limited to, economic harm or emotional distress.(6) Individual means a natural person.(7) Nude means visible genitals, pubic area, anus, or a females post pubescent | |
| 58 | + | 1708.86. (a) For purposes of this section:(1) Authorized Representative means an attorney, talent agent, or personal manager authorized to represent a depicted individual or, if the depicted individual does not have an attorney, talent agent, or personal manager, a labor union representing performers in audiovisual works.(2) (A) Consent means an agreement written in plain language signed knowingly and voluntarily by the depicted individual that includes a description of the sexually explicit material and the audiovisual work in which it will be incorporated.(B) A depicted individual may rescind consent by delivering written notice within three business days from the date consent was given to the person in whose favor consent was made unless one of the following requirements is satisfied:(i) The depicted individual is given at least 72 hours to review the terms of the agreement before signing it.(ii) The depicted individuals authorized representative provides written approval of the signed agreement.(3) Depicted individual means an individual depicted in a realistic digitized performance in which the individual did not actually perform. For purposes of this paragraph, digitized includes depicting the nude body parts of another human being as being those of the individual or imposing digitally created nude body parts onto the individual.(4) Disclose means to transfer, publish, make available, or distribute.(5) Harm includes, but is not limited to, economic harm or emotional distress.(6) Individual means a natural person.(7) Nude means visible genitals, pubic area, anus, or a females post pubescent nipple or areola.(8) Person means a human being or legal entity.(9) Sexual conduct means any of the following:(A) Masturbation.(B) Sexual intercourse, including genital, oral, or anal, whether between persons regardless of sex or gender or between humans and animals.(C) Sexual penetration of the mouth, vagina, or rectum by, or with, an object.(D) The transfer of semen onto the depicted individual.(E) Sadomasochistic abuse involving the depicted individual.(10) Sexually explicit material means any portion of an audiovisual work that shows the depicted individual performing in the nude or appearing to engage in, or being subjected to, sexual conduct.(b) A depicted individual who has suffered harm resulting from the intentional disclosure of sexually explicit material without the depicted individuals consent has a cause of action against a person who does either of the following:(1) The person creates and discloses sexually explicit material in an audiovisual work and the person knew or reasonably should have known the depicted individual did not consent.(2) The person discloses, but did not create, sexually explicit material in an audiovisual work and the person knew the depicted individual did not consent.(c) (1) A person is not liable under this section if the person proves any of the following:(A) The person disclosed the sexually explicit material in the course of reporting unlawful activity, in the course of a legal proceeding, or the person is a member of law enforcement and disclosed the sexually explicit material in the course of exercising the persons law enforcement duties.(B) The person disclosed the sexually explicit material in relation to a matter of legitimate public concern.(C) The person disclosed the sexually explicit material in a work of political or newsworthy value, or similar work.(D) The person disclosed the sexually explicit material for the purposes of commentary or criticism or the disclosure is otherwise protected by the California Constitution or the United States Constitution.(2) For purposes of this subdivision, sexually explicit material is not of newsworthy value because the depicted individual is a public figure.(d) It shall not be a defense to an action under this section that there is a disclaimer included in the sexually explicit material that communicates that the inclusion of the depicted individual in the sexually explicit material was unauthorized or that the depicted individual did not participate in the creation or development of the material.(e) (1) A prevailing plaintiff may recover any of the following:(A) Economic and noneconomic damages proximately caused by the disclosure of the sexually explicit material, including damages for emotional distress.(B) An amount equal to the monetary gain made by the defendant from the creation, development, or disclosure of the sexually explicit material, or the plaintiff may, at any time before the final judgment is rendered, recover instead an award of statutory damages for all unauthorized acts involved in the action, with respect to any one work, in a sum not less than five thousand dollars ($5,000) or more than five hundred thousand dollars ($500,000).(C) Punitive damages.(D) Reasonable attorneys fees and costs.(E) Any other available relief, including injunctive relief.(2) This act does not affect any right or remedy available under any other law.(f) An action under this section shall be brought no later than five years from the date the unauthorized creation, development, or disclosure was discovered or should have been discovered with the exercise of reasonable diligence.(g) (1) A plaintiff may proceed using a pseudonym, either John Doe, Jane Doe, or Doe, for the true name of the plaintiff and may exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the plaintiff. A plaintiff who proceeds using a pseudonym and excluding or redacting identifying characteristics as provided in this section shall file with the court and serve upon the defendant a confidential information form for this purpose that includes the plaintiffs name and other identifying characteristics excluded or redacted. The court shall keep the plaintiffs name and excluded or redacted characteristics confidential.(2) In cases where a plaintiff proceeds using a pseudonym under this section, the following provisions shall apply:(A) All other parties and their agents and attorneys shall use this pseudonym in all pleadings, discovery documents, and other documents filed or served in the action, and at hearings, trial, and other court proceedings that are open to the public.(B) (i) Any party filing a pleading, discovery document, or other document in the action shall exclude or redact any identifying characteristics of the plaintiff from the pleading, discovery document, or other document, except for a confidential information form filed pursuant to this subdivision.(ii) A party excluding or redacting identifying characteristics as provided in this section shall file with the court and serve upon all other parties a confidential information form that includes the plaintiffs name and other identifying characteristics excluded or redacted. The court shall keep the plaintiffs name and excluded or redacted characteristics confidential.(C) All court decisions, orders, petitions, discovery documents, and other documents shall be worded so as to protect the name or other identifying characteristics of the plaintiff from public revelation.(3) The following definitions apply to this subdivision:(A) Identifying characteristics means name or any part thereof, address or any part thereof, city or unincorporated area of residence, age, marital status, relationship to defendant, and race or ethnic background, telephone number, email address, social media profiles, online identifiers, contact information, or any other information, including images of the plaintiff, from which the plaintiffs identity can be discerned.(B) Online identifiers means any personally identifying information or signifiers that would tie the plaintiff to a particular electronic service, device, or internet application, website, or platform account, including, but not limited to, access names, access codes, account names, aliases, avatars, credentials, gamer tags, display names, handles, login names, member names, online identities, pseudonyms, screen names, user accounts, user identifications, usernames, Uniform Resource Locators (URLs), domain names, Internet Protocol (IP) addresses, and media access control (MAC) addresses.(4) The responsibility for excluding or redacting the name or identifying characteristics of the plaintiff from all documents filed with the court rests solely with the parties and their attorneys. Nothing in this section requires the court to review pleadings or other papers for compliance with this provision.(5) Upon request of the plaintiff, the clerk shall allow access to the court file in an action filed under this section only as follows:(A) To a party to the action, including a partys attorney.(B) To a person by order of the court on a showing of good cause for access.(C) To any person 60 days after judgment is entered unless the court grants a plaintiffs motion to seal records pursuant to Chapter 3 of Division 4 of Title 2 of the California Rules of Court.(h) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. | |
| 52 | 59 | ||
| 53 | - | 1708.86. (a) For purposes of this section:(1) Authorized Representative means an attorney, talent agent, or personal manager authorized to represent a depicted individual or, if the depicted individual does not have an attorney, talent agent, or personal manager, a labor union representing performers in audiovisual works.(2) (A) Consent means an agreement written in plain language signed knowingly and voluntarily by the depicted individual that includes a description of the sexually explicit material and the audiovisual work in which it will be incorporated.(B) A depicted individual may rescind consent by delivering written notice within three business days from the date consent was given to the person in whose favor consent was made unless one of the following requirements is satisfied:(i) The depicted individual is given at least 72 hours to review the terms of the agreement before signing it.(ii) The depicted individuals authorized representative provides written approval of the signed agreement.(3) Depicted individual means an individual depicted in a realistic digitized performance in which the individual did not actually perform. For purposes of this paragraph, digitized includes depicting the nude body parts of another human being as being those of the individual or imposing digitally created nude body parts onto the individual.(4) Disclose means to transfer, publish, make available, or distribute.(5) Harm includes, but is not limited to, economic harm or emotional distress.(6) Individual means a natural person.(7) Nude means visible genitals, pubic area, anus, or a females post pubescent | |
| 60 | + | 1708.86. (a) For purposes of this section:(1) Authorized Representative means an attorney, talent agent, or personal manager authorized to represent a depicted individual or, if the depicted individual does not have an attorney, talent agent, or personal manager, a labor union representing performers in audiovisual works.(2) (A) Consent means an agreement written in plain language signed knowingly and voluntarily by the depicted individual that includes a description of the sexually explicit material and the audiovisual work in which it will be incorporated.(B) A depicted individual may rescind consent by delivering written notice within three business days from the date consent was given to the person in whose favor consent was made unless one of the following requirements is satisfied:(i) The depicted individual is given at least 72 hours to review the terms of the agreement before signing it.(ii) The depicted individuals authorized representative provides written approval of the signed agreement.(3) Depicted individual means an individual depicted in a realistic digitized performance in which the individual did not actually perform. For purposes of this paragraph, digitized includes depicting the nude body parts of another human being as being those of the individual or imposing digitally created nude body parts onto the individual.(4) Disclose means to transfer, publish, make available, or distribute.(5) Harm includes, but is not limited to, economic harm or emotional distress.(6) Individual means a natural person.(7) Nude means visible genitals, pubic area, anus, or a females post pubescent nipple or areola.(8) Person means a human being or legal entity.(9) Sexual conduct means any of the following:(A) Masturbation.(B) Sexual intercourse, including genital, oral, or anal, whether between persons regardless of sex or gender or between humans and animals.(C) Sexual penetration of the mouth, vagina, or rectum by, or with, an object.(D) The transfer of semen onto the depicted individual.(E) Sadomasochistic abuse involving the depicted individual.(10) Sexually explicit material means any portion of an audiovisual work that shows the depicted individual performing in the nude or appearing to engage in, or being subjected to, sexual conduct.(b) A depicted individual who has suffered harm resulting from the intentional disclosure of sexually explicit material without the depicted individuals consent has a cause of action against a person who does either of the following:(1) The person creates and discloses sexually explicit material in an audiovisual work and the person knew or reasonably should have known the depicted individual did not consent.(2) The person discloses, but did not create, sexually explicit material in an audiovisual work and the person knew the depicted individual did not consent.(c) (1) A person is not liable under this section if the person proves any of the following:(A) The person disclosed the sexually explicit material in the course of reporting unlawful activity, in the course of a legal proceeding, or the person is a member of law enforcement and disclosed the sexually explicit material in the course of exercising the persons law enforcement duties.(B) The person disclosed the sexually explicit material in relation to a matter of legitimate public concern.(C) The person disclosed the sexually explicit material in a work of political or newsworthy value, or similar work.(D) The person disclosed the sexually explicit material for the purposes of commentary or criticism or the disclosure is otherwise protected by the California Constitution or the United States Constitution.(2) For purposes of this subdivision, sexually explicit material is not of newsworthy value because the depicted individual is a public figure.(d) It shall not be a defense to an action under this section that there is a disclaimer included in the sexually explicit material that communicates that the inclusion of the depicted individual in the sexually explicit material was unauthorized or that the depicted individual did not participate in the creation or development of the material.(e) (1) A prevailing plaintiff may recover any of the following:(A) Economic and noneconomic damages proximately caused by the disclosure of the sexually explicit material, including damages for emotional distress.(B) An amount equal to the monetary gain made by the defendant from the creation, development, or disclosure of the sexually explicit material, or the plaintiff may, at any time before the final judgment is rendered, recover instead an award of statutory damages for all unauthorized acts involved in the action, with respect to any one work, in a sum not less than five thousand dollars ($5,000) or more than five hundred thousand dollars ($500,000).(C) Punitive damages.(D) Reasonable attorneys fees and costs.(E) Any other available relief, including injunctive relief.(2) This act does not affect any right or remedy available under any other law.(f) An action under this section shall be brought no later than five years from the date the unauthorized creation, development, or disclosure was discovered or should have been discovered with the exercise of reasonable diligence.(g) (1) A plaintiff may proceed using a pseudonym, either John Doe, Jane Doe, or Doe, for the true name of the plaintiff and may exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the plaintiff. A plaintiff who proceeds using a pseudonym and excluding or redacting identifying characteristics as provided in this section shall file with the court and serve upon the defendant a confidential information form for this purpose that includes the plaintiffs name and other identifying characteristics excluded or redacted. The court shall keep the plaintiffs name and excluded or redacted characteristics confidential.(2) In cases where a plaintiff proceeds using a pseudonym under this section, the following provisions shall apply:(A) All other parties and their agents and attorneys shall use this pseudonym in all pleadings, discovery documents, and other documents filed or served in the action, and at hearings, trial, and other court proceedings that are open to the public.(B) (i) Any party filing a pleading, discovery document, or other document in the action shall exclude or redact any identifying characteristics of the plaintiff from the pleading, discovery document, or other document, except for a confidential information form filed pursuant to this subdivision.(ii) A party excluding or redacting identifying characteristics as provided in this section shall file with the court and serve upon all other parties a confidential information form that includes the plaintiffs name and other identifying characteristics excluded or redacted. The court shall keep the plaintiffs name and excluded or redacted characteristics confidential.(C) All court decisions, orders, petitions, discovery documents, and other documents shall be worded so as to protect the name or other identifying characteristics of the plaintiff from public revelation.(3) The following definitions apply to this subdivision:(A) Identifying characteristics means name or any part thereof, address or any part thereof, city or unincorporated area of residence, age, marital status, relationship to defendant, and race or ethnic background, telephone number, email address, social media profiles, online identifiers, contact information, or any other information, including images of the plaintiff, from which the plaintiffs identity can be discerned.(B) Online identifiers means any personally identifying information or signifiers that would tie the plaintiff to a particular electronic service, device, or internet application, website, or platform account, including, but not limited to, access names, access codes, account names, aliases, avatars, credentials, gamer tags, display names, handles, login names, member names, online identities, pseudonyms, screen names, user accounts, user identifications, usernames, Uniform Resource Locators (URLs), domain names, Internet Protocol (IP) addresses, and media access control (MAC) addresses.(4) The responsibility for excluding or redacting the name or identifying characteristics of the plaintiff from all documents filed with the court rests solely with the parties and their attorneys. Nothing in this section requires the court to review pleadings or other papers for compliance with this provision.(5) Upon request of the plaintiff, the clerk shall allow access to the court file in an action filed under this section only as follows:(A) To a party to the action, including a partys attorney.(B) To a person by order of the court on a showing of good cause for access.(C) To any person 60 days after judgment is entered unless the court grants a plaintiffs motion to seal records pursuant to Chapter 3 of Division 4 of Title 2 of the California Rules of Court.(h) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. | |
| 54 | 61 | ||
| 55 | 62 | ||
| 56 | 63 | ||
| 57 | 64 | 1708.86. (a) For purposes of this section: | |
| 58 | 65 | ||
| 59 | 66 | (1) Authorized Representative means an attorney, talent agent, or personal manager authorized to represent a depicted individual or, if the depicted individual does not have an attorney, talent agent, or personal manager, a labor union representing performers in audiovisual works. | |
| 60 | 67 | ||
| 61 | 68 | (2) (A) Consent means an agreement written in plain language signed knowingly and voluntarily by the depicted individual that includes a description of the sexually explicit material and the audiovisual work in which it will be incorporated. | |
| 62 | 69 | ||
| 63 | 70 | (B) A depicted individual may rescind consent by delivering written notice within three business days from the date consent was given to the person in whose favor consent was made unless one of the following requirements is satisfied: | |
| 64 | 71 | ||
| 65 | 72 | (i) The depicted individual is given at least 72 hours to review the terms of the agreement before signing it. | |
| 66 | 73 | ||
| 67 | 74 | (ii) The depicted individuals authorized representative provides written approval of the signed agreement. | |
| 68 | 75 | ||
| 69 | 76 | (3) Depicted individual means an individual depicted in a realistic digitized performance in which the individual did not actually perform. For purposes of this paragraph, digitized includes depicting the nude body parts of another human being as being those of the individual or imposing digitally created nude body parts onto the individual. | |
| 70 | 77 | ||
| 71 | 78 | (4) Disclose means to transfer, publish, make available, or distribute. | |
| 72 | 79 | ||
| 73 | 80 | (5) Harm includes, but is not limited to, economic harm or emotional distress. | |
| 74 | 81 | ||
| 75 | 82 | (6) Individual means a natural person. | |
| 76 | 83 | ||
| 77 | - | (7) Nude means visible genitals, pubic area, anus, or a females post pubescent | |
| 84 | + | (7) Nude means visible genitals, pubic area, anus, or a females post pubescent nipple or areola. | |
| 78 | 85 | ||
| 79 | 86 | (8) Person means a human being or legal entity. | |
| 80 | 87 | ||
| 81 | 88 | (9) Sexual conduct means any of the following: | |
| 82 | 89 | ||
| 83 | 90 | (A) Masturbation. | |
| 84 | 91 | ||
| 85 | 92 | (B) Sexual intercourse, including genital, oral, or anal, whether between persons regardless of sex or gender or between humans and animals. | |
| 86 | 93 | ||
| 87 | 94 | (C) Sexual penetration of the mouth, vagina, or rectum by, or with, an object. | |
| 88 | 95 | ||
| 89 | 96 | (D) The transfer of semen onto the depicted individual. | |
| 90 | 97 | ||
| 91 | 98 | (E) Sadomasochistic abuse involving the depicted individual. | |
| 92 | 99 | ||
| 93 | 100 | (10) Sexually explicit material means any portion of an audiovisual work that shows the depicted individual performing in the nude or appearing to engage in, or being subjected to, sexual conduct. | |
| 94 | 101 | ||
| 95 | 102 | (b) A depicted individual who has suffered harm resulting from the intentional disclosure of sexually explicit material without the depicted individuals consent has a cause of action against a person who does either of the following: | |
| 96 | 103 | ||
| 97 | 104 | (1) The person creates and discloses sexually explicit material in an audiovisual work and the person knew or reasonably should have known the depicted individual did not consent. | |
| 98 | 105 | ||
| 99 | 106 | (2) The person discloses, but did not create, sexually explicit material in an audiovisual work and the person knew the depicted individual did not consent. | |
| 100 | 107 | ||
| 101 | 108 | (c) (1) A person is not liable under this section if the person proves any of the following: | |
| 102 | 109 | ||
| 103 | 110 | (A) The person disclosed the sexually explicit material in the course of reporting unlawful activity, in the course of a legal proceeding, or the person is a member of law enforcement and disclosed the sexually explicit material in the course of exercising the persons law enforcement duties. | |
| 104 | 111 | ||
| 105 | 112 | (B) The person disclosed the sexually explicit material in relation to a matter of legitimate public concern. | |
| 106 | 113 | ||
| 107 | 114 | (C) The person disclosed the sexually explicit material in a work of political or newsworthy value, or similar work. | |
| 108 | 115 | ||
| 109 | 116 | (D) The person disclosed the sexually explicit material for the purposes of commentary or criticism or the disclosure is otherwise protected by the California Constitution or the United States Constitution. | |
| 110 | 117 | ||
| 111 | 118 | (2) For purposes of this subdivision, sexually explicit material is not of newsworthy value because the depicted individual is a public figure. | |
| 112 | 119 | ||
| 113 | 120 | (d) It shall not be a defense to an action under this section that there is a disclaimer included in the sexually explicit material that communicates that the inclusion of the depicted individual in the sexually explicit material was unauthorized or that the depicted individual did not participate in the creation or development of the material. | |
| 114 | 121 | ||
| 115 | 122 | (e) (1) A prevailing plaintiff may recover any of the following: | |
| 116 | 123 | ||
| 117 | 124 | (A) Economic and noneconomic damages proximately caused by the disclosure of the sexually explicit material, including damages for emotional distress. | |
| 118 | 125 | ||
| 119 | 126 | (B) An amount equal to the monetary gain made by the defendant from the creation, development, or disclosure of the sexually explicit material, or the plaintiff may, at any time before the final judgment is rendered, recover instead an award of statutory damages for all unauthorized acts involved in the action, with respect to any one work, in a sum not less than five thousand dollars ($5,000) or more than five hundred thousand dollars ($500,000). | |
| 120 | 127 | ||
| 121 | 128 | (C) Punitive damages. | |
| 122 | 129 | ||
| 123 | 130 | (D) Reasonable attorneys fees and costs. | |
| 124 | 131 | ||
| 125 | 132 | (E) Any other available relief, including injunctive relief. | |
| 126 | 133 | ||
| 127 | 134 | (2) This act does not affect any right or remedy available under any other law. | |
| 128 | 135 | ||
| 129 | - | (f) An action under this section shall be brought no later than five | |
| 136 | + | (f) An action under this section shall be brought no later than five years from the date the unauthorized creation, development, or disclosure was discovered or should have been discovered with the exercise of reasonable diligence. | |
| 130 | 137 | ||
| 131 | 138 | (g) (1) A plaintiff may proceed using a pseudonym, either John Doe, Jane Doe, or Doe, for the true name of the plaintiff and may exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the plaintiff. A plaintiff who proceeds using a pseudonym and excluding or redacting identifying characteristics as provided in this section shall file with the court and serve upon the defendant a confidential information form for this purpose that includes the plaintiffs name and other identifying characteristics excluded or redacted. The court shall keep the plaintiffs name and excluded or redacted characteristics confidential. | |
| 132 | 139 | ||
| 133 | 140 | (2) In cases where a plaintiff proceeds using a pseudonym under this section, the following provisions shall apply: | |
| 134 | 141 | ||
| 135 | 142 | (A) All other parties and their agents and attorneys shall use this pseudonym in all pleadings, discovery documents, and other documents filed or served in the action, and at hearings, trial, and other court proceedings that are open to the public. | |
| 136 | 143 | ||
| 137 | 144 | (B) (i) Any party filing a pleading, discovery document, or other document in the action shall exclude or redact any identifying characteristics of the plaintiff from the pleading, discovery document, or other document, except for a confidential information form filed pursuant to this subdivision. | |
| 138 | 145 | ||
| 139 | 146 | (ii) A party excluding or redacting identifying characteristics as provided in this section shall file with the court and serve upon all other parties a confidential information form that includes the plaintiffs name and other identifying characteristics excluded or redacted. The court shall keep the plaintiffs name and excluded or redacted characteristics confidential. | |
| 140 | 147 | ||
| 141 | 148 | (C) All court decisions, orders, petitions, discovery documents, and other documents shall be worded so as to protect the name or other identifying characteristics of the plaintiff from public revelation. | |
| 142 | 149 | ||
| 143 | 150 | (3) The following definitions apply to this subdivision: | |
| 144 | 151 | ||
| 145 | 152 | (A) Identifying characteristics means name or any part thereof, address or any part thereof, city or unincorporated area of residence, age, marital status, relationship to defendant, and race or ethnic background, telephone number, email address, social media profiles, online identifiers, contact information, or any other information, including images of the plaintiff, from which the plaintiffs identity can be discerned. | |
| 146 | 153 | ||
| 147 | 154 | (B) Online identifiers means any personally identifying information or signifiers that would tie the plaintiff to a particular electronic service, device, or internet application, website, or platform account, including, but not limited to, access names, access codes, account names, aliases, avatars, credentials, gamer tags, display names, handles, login names, member names, online identities, pseudonyms, screen names, user accounts, user identifications, usernames, Uniform Resource Locators (URLs), domain names, Internet Protocol (IP) addresses, and media access control (MAC) addresses. | |
| 148 | 155 | ||
| 149 | 156 | (4) The responsibility for excluding or redacting the name or identifying characteristics of the plaintiff from all documents filed with the court rests solely with the parties and their attorneys. Nothing in this section requires the court to review pleadings or other papers for compliance with this provision. | |
| 150 | 157 | ||
| 151 | 158 | (5) Upon request of the plaintiff, the clerk shall allow access to the court file in an action filed under this section only as follows: | |
| 152 | 159 | ||
| 153 | 160 | (A) To a party to the action, including a partys attorney. | |
| 154 | 161 | ||
| 155 | 162 | (B) To a person by order of the court on a showing of good cause for access. | |
| 156 | 163 | ||
| 157 | 164 | (C) To any person 60 days after judgment is entered unless the court grants a plaintiffs motion to seal records pursuant to Chapter 3 of Division 4 of Title 2 of the California Rules of Court. | |
| 158 | 165 | ||
| 159 | 166 | (h) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. | |
| 167 | + | ||
| 168 | + | ||
| 169 | + | ||
| 170 | + | ||
| 171 | + | ||
| 172 | + | (a)Any person who knowingly uses anothers name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods or services, without that persons prior consent, or, in the case of a minor, the prior consent of the minors parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof. In addition, in an action brought under this section, the person who violated the section shall be liable to the injured party or parties in an amount equal to the greater of seven hundred fifty dollars ($750) or the actual damages suffered by the person as a result of the unauthorized use, and any profits from the unauthorized use that are attributable to the use and are not taken into account in computing the actual damages. In establishing profits, the injured party or parties are required to present proof only of the gross revenue attributable to the use, and the person who violated this section is required to prove the person's deductible expenses. Punitive damages may also be awarded to the injured party or parties. The prevailing party in any action under this section shall also be entitled to attorneys fees and costs. | |
| 173 | + | ||
| 174 | + | ||
| 175 | + | ||
| 176 | + | (b)As used in this section, photograph means any photograph or photographic reproduction, still or moving, or any videotape or live television transmission, of any person, such that the person is readily identifiable. | |
| 177 | + | ||
| 178 | + | ||
| 179 | + | ||
| 180 | + | (1)A person shall be deemed to be readily identifiable from a photograph when one who views the photograph with the naked eye can reasonably determine that the person depicted in the photograph is the same person who is complaining of its unauthorized use. | |
| 181 | + | ||
| 182 | + | ||
| 183 | + | ||
| 184 | + | (2)If the photograph includes more than one person so identifiable, then the person or persons complaining of the use shall be represented as individuals rather than solely as members of a definable group represented in the photograph. A definable group includes, but is not limited to, the following examples: a crowd at any sporting event, a crowd in any street or public building, the audience at any theatrical or stage production, a glee club, or a baseball team. | |
| 185 | + | ||
| 186 | + | ||
| 187 | + | ||
| 188 | + | (3)A person or persons shall be considered to be represented as members of a definable group if they are represented in the photograph solely as a result of being present at the time the photograph was taken and have not been singled out as individuals in any manner. | |
| 189 | + | ||
| 190 | + | ||
| 191 | + | ||
| 192 | + | (c)Where a photograph or likeness of an employee of the person using the photograph or likeness appearing in the advertisement or other publication prepared by or in behalf of the user is only incidental, and not essential, to the purpose of the publication in which it appears, there shall arise a rebuttable presumption affecting the burden of producing evidence that the failure to obtain the consent of the employee was not a knowing use of the employees photograph or likeness. | |
| 193 | + | ||
| 194 | + | ||
| 195 | + | ||
| 196 | + | (d)For purposes of this section, a use of a name, voice, signature, photograph, or likeness in connection with any news, public affairs, or sports broadcast or account, or any political campaign, shall not constitute a use for which consent is required under subdivision (a). | |
| 197 | + | ||
| 198 | + | ||
| 199 | + | ||
| 200 | + | (e)The use of a name, voice, signature, photograph, or likeness in a commercial medium shall not constitute a use for which consent is required under subdivision (a) solely because the material containing the use is commercially sponsored or contains paid advertising. Rather it shall be a question of fact whether or not the use of the persons name, voice, signature, photograph, or likeness was so directly connected with the commercial sponsorship or with the paid advertising as to constitute a use for which consent is required under subdivision (a). | |
| 201 | + | ||
| 202 | + | ||
| 203 | + | ||
| 204 | + | (f)Nothing in this section shall apply to the owners or employees of any medium used for advertising, including, but not limited to, newspapers, magazines, radio and television networks and stations, cable television systems, billboards, and transit ads, by whom any advertisement or solicitation in violation of this section is published or disseminated, unless it is established that the owners or employees had knowledge of the unauthorized use of the persons name, voice, signature, photograph, or likeness as prohibited by this section. | |
| 205 | + | ||
| 206 | + | ||
| 207 | + | ||
| 208 | + | (g)The remedies provided for in this section are cumulative and shall be in addition to any others provided for by law. |