Amended IN Assembly April 15, 2024 Amended IN Assembly April 01, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2602Introduced by Assembly Members Kalra, Bryan, and Friedman(Principal coauthor: Assembly Member Haney)(Coauthors: Assembly Members McKinnor and Schiavo)February 14, 2024An act to add Section 927 to the Labor Code, relating to employment.LEGISLATIVE COUNSEL'S DIGESTAB 2602, as amended, Kalra. Contracts against public policy: personal or professional services: digital replicas.Existing law prohibits an employer from requiring an employee or applicant for employment to agree, in writing, to any term or condition that is known by the employer to be illegal. Existing law provides that certain contractual agreements between an employer and employee are against public policy, including specified provisions affecting an employees membership in a labor organization and the protection of state law in employment. Under existing law, enforcement of state labor laws is generally committed to the Division of Labor Standards Enforcement within the Department of Industrial Relations, Relations under the direction of the Labor Commissioner.This bill would provide that a provision in an agreement between an individual and any other person for the performance of personal or professional services is contrary to public policy and deemed unconscionable unenforceable only as it relates to a new performance by a digital replica of the individual if the provision meets specified conditions relating to the use of a digital replica of the voice or likeness of an individual in lieu of the work of the individual. The bill would provide require that it shall apply retroactively. The bill would require any person who is currently under, or has entered into, an agreement with an individual performing personal or professional services containing such a provision, by February 1, 2025, to notify that individual in writing that the provision is unenforceable. an exclusivity provision in an underlying agreement applicable to the creation and use of a digital replica remain in force even if a provision relating to the creation and use of a digital replica is held to be unenforceable under the bill. The bill would define digital replica to mean a computer-generated, electronic representation of the voice or likeness of an individual that is readily identifiable as that individual and fixed in a sound recording or audiovisual work.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 927 is added to the Labor Code, to read:927. (a) A provision in an agreement between an individual and any other person for the performance of personal or professional services is contrary to public policy and is deemed unconscionable and subject to Section 1670.5 of the Civil Code unenforceable only as it relates to a new performance by a digital replica of the individual if the provision meets all of the following conditions:(1) The provision allows for the creation and use of a digital replica of the individuals voice or likeness in place of work the individual would otherwise have performed in person.(2) The provision does not clearly define and detail all of the proposed uses of the digital replica.(3) The individual was not represented in either of the following manners:(A) Represented by By legal counsel who negotiated on behalf of the individual licensing their the individuals digital replica rights rights, and the licensing terms exist in a standalone written agreement.(B) Represented by By a labor union representing workers who do the proposed work work, and the terms of their collective bargaining agreement expressly covers uses of digital replicas.(b)This section shall apply retroactively.(b) An exclusivity provision in an underlying agreement applicable to the creation and use of a digital replica shall remain in force even if a provision relating to the creation and use of a digital replica is held to be unenforceable under this section.(c)Any person who is currently under, or has entered into, an agreement with an individual performing personal or professional services containing a provision as described in subdivision (a), by February 1, 2025, shall notify that individual in writing that the provision is unenforceable. (c) As used in this section, digital replica means a computer-generated, electronic representation of the voice or likeness of an individual that is readily identifiable as that individual and fixed in a sound recording or audiovisual work.
Amended IN Assembly April 15, 2024 Amended IN Assembly April 01, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2602Introduced by Assembly Members Kalra, Bryan, and Friedman(Principal coauthor: Assembly Member Haney)(Coauthors: Assembly Members McKinnor and Schiavo)February 14, 2024An act to add Section 927 to the Labor Code, relating to employment.LEGISLATIVE COUNSEL'S DIGESTAB 2602, as amended, Kalra. Contracts against public policy: personal or professional services: digital replicas.Existing law prohibits an employer from requiring an employee or applicant for employment to agree, in writing, to any term or condition that is known by the employer to be illegal. Existing law provides that certain contractual agreements between an employer and employee are against public policy, including specified provisions affecting an employees membership in a labor organization and the protection of state law in employment. Under existing law, enforcement of state labor laws is generally committed to the Division of Labor Standards Enforcement within the Department of Industrial Relations, Relations under the direction of the Labor Commissioner.This bill would provide that a provision in an agreement between an individual and any other person for the performance of personal or professional services is contrary to public policy and deemed unconscionable unenforceable only as it relates to a new performance by a digital replica of the individual if the provision meets specified conditions relating to the use of a digital replica of the voice or likeness of an individual in lieu of the work of the individual. The bill would provide require that it shall apply retroactively. The bill would require any person who is currently under, or has entered into, an agreement with an individual performing personal or professional services containing such a provision, by February 1, 2025, to notify that individual in writing that the provision is unenforceable. an exclusivity provision in an underlying agreement applicable to the creation and use of a digital replica remain in force even if a provision relating to the creation and use of a digital replica is held to be unenforceable under the bill. The bill would define digital replica to mean a computer-generated, electronic representation of the voice or likeness of an individual that is readily identifiable as that individual and fixed in a sound recording or audiovisual work.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly April 15, 2024 Amended IN Assembly April 01, 2024
Amended IN Assembly April 15, 2024
Amended IN Assembly April 01, 2024
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 2602
Introduced by Assembly Members Kalra, Bryan, and Friedman(Principal coauthor: Assembly Member Haney)(Coauthors: Assembly Members McKinnor and Schiavo)February 14, 2024
Introduced by Assembly Members Kalra, Bryan, and Friedman(Principal coauthor: Assembly Member Haney)(Coauthors: Assembly Members McKinnor and Schiavo)
February 14, 2024
An act to add Section 927 to the Labor Code, relating to employment.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2602, as amended, Kalra. Contracts against public policy: personal or professional services: digital replicas.
Existing law prohibits an employer from requiring an employee or applicant for employment to agree, in writing, to any term or condition that is known by the employer to be illegal. Existing law provides that certain contractual agreements between an employer and employee are against public policy, including specified provisions affecting an employees membership in a labor organization and the protection of state law in employment. Under existing law, enforcement of state labor laws is generally committed to the Division of Labor Standards Enforcement within the Department of Industrial Relations, Relations under the direction of the Labor Commissioner.This bill would provide that a provision in an agreement between an individual and any other person for the performance of personal or professional services is contrary to public policy and deemed unconscionable unenforceable only as it relates to a new performance by a digital replica of the individual if the provision meets specified conditions relating to the use of a digital replica of the voice or likeness of an individual in lieu of the work of the individual. The bill would provide require that it shall apply retroactively. The bill would require any person who is currently under, or has entered into, an agreement with an individual performing personal or professional services containing such a provision, by February 1, 2025, to notify that individual in writing that the provision is unenforceable. an exclusivity provision in an underlying agreement applicable to the creation and use of a digital replica remain in force even if a provision relating to the creation and use of a digital replica is held to be unenforceable under the bill. The bill would define digital replica to mean a computer-generated, electronic representation of the voice or likeness of an individual that is readily identifiable as that individual and fixed in a sound recording or audiovisual work.
Existing law prohibits an employer from requiring an employee or applicant for employment to agree, in writing, to any term or condition that is known by the employer to be illegal. Existing law provides that certain contractual agreements between an employer and employee are against public policy, including specified provisions affecting an employees membership in a labor organization and the protection of state law in employment. Under existing law, enforcement of state labor laws is generally committed to the Division of Labor Standards Enforcement within the Department of Industrial Relations, Relations under the direction of the Labor Commissioner.
This bill would provide that a provision in an agreement between an individual and any other person for the performance of personal or professional services is contrary to public policy and deemed unconscionable unenforceable only as it relates to a new performance by a digital replica of the individual if the provision meets specified conditions relating to the use of a digital replica of the voice or likeness of an individual in lieu of the work of the individual. The bill would provide require that it shall apply retroactively. The bill would require any person who is currently under, or has entered into, an agreement with an individual performing personal or professional services containing such a provision, by February 1, 2025, to notify that individual in writing that the provision is unenforceable. an exclusivity provision in an underlying agreement applicable to the creation and use of a digital replica remain in force even if a provision relating to the creation and use of a digital replica is held to be unenforceable under the bill. The bill would define digital replica to mean a computer-generated, electronic representation of the voice or likeness of an individual that is readily identifiable as that individual and fixed in a sound recording or audiovisual work.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 927 is added to the Labor Code, to read:927. (a) A provision in an agreement between an individual and any other person for the performance of personal or professional services is contrary to public policy and is deemed unconscionable and subject to Section 1670.5 of the Civil Code unenforceable only as it relates to a new performance by a digital replica of the individual if the provision meets all of the following conditions:(1) The provision allows for the creation and use of a digital replica of the individuals voice or likeness in place of work the individual would otherwise have performed in person.(2) The provision does not clearly define and detail all of the proposed uses of the digital replica.(3) The individual was not represented in either of the following manners:(A) Represented by By legal counsel who negotiated on behalf of the individual licensing their the individuals digital replica rights rights, and the licensing terms exist in a standalone written agreement.(B) Represented by By a labor union representing workers who do the proposed work work, and the terms of their collective bargaining agreement expressly covers uses of digital replicas.(b)This section shall apply retroactively.(b) An exclusivity provision in an underlying agreement applicable to the creation and use of a digital replica shall remain in force even if a provision relating to the creation and use of a digital replica is held to be unenforceable under this section.(c)Any person who is currently under, or has entered into, an agreement with an individual performing personal or professional services containing a provision as described in subdivision (a), by February 1, 2025, shall notify that individual in writing that the provision is unenforceable. (c) As used in this section, digital replica means a computer-generated, electronic representation of the voice or likeness of an individual that is readily identifiable as that individual and fixed in a sound recording or audiovisual work.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 927 is added to the Labor Code, to read:927. (a) A provision in an agreement between an individual and any other person for the performance of personal or professional services is contrary to public policy and is deemed unconscionable and subject to Section 1670.5 of the Civil Code unenforceable only as it relates to a new performance by a digital replica of the individual if the provision meets all of the following conditions:(1) The provision allows for the creation and use of a digital replica of the individuals voice or likeness in place of work the individual would otherwise have performed in person.(2) The provision does not clearly define and detail all of the proposed uses of the digital replica.(3) The individual was not represented in either of the following manners:(A) Represented by By legal counsel who negotiated on behalf of the individual licensing their the individuals digital replica rights rights, and the licensing terms exist in a standalone written agreement.(B) Represented by By a labor union representing workers who do the proposed work work, and the terms of their collective bargaining agreement expressly covers uses of digital replicas.(b)This section shall apply retroactively.(b) An exclusivity provision in an underlying agreement applicable to the creation and use of a digital replica shall remain in force even if a provision relating to the creation and use of a digital replica is held to be unenforceable under this section.(c)Any person who is currently under, or has entered into, an agreement with an individual performing personal or professional services containing a provision as described in subdivision (a), by February 1, 2025, shall notify that individual in writing that the provision is unenforceable. (c) As used in this section, digital replica means a computer-generated, electronic representation of the voice or likeness of an individual that is readily identifiable as that individual and fixed in a sound recording or audiovisual work.
SECTION 1. Section 927 is added to the Labor Code, to read:
### SECTION 1.
927. (a) A provision in an agreement between an individual and any other person for the performance of personal or professional services is contrary to public policy and is deemed unconscionable and subject to Section 1670.5 of the Civil Code unenforceable only as it relates to a new performance by a digital replica of the individual if the provision meets all of the following conditions:(1) The provision allows for the creation and use of a digital replica of the individuals voice or likeness in place of work the individual would otherwise have performed in person.(2) The provision does not clearly define and detail all of the proposed uses of the digital replica.(3) The individual was not represented in either of the following manners:(A) Represented by By legal counsel who negotiated on behalf of the individual licensing their the individuals digital replica rights rights, and the licensing terms exist in a standalone written agreement.(B) Represented by By a labor union representing workers who do the proposed work work, and the terms of their collective bargaining agreement expressly covers uses of digital replicas.(b)This section shall apply retroactively.(b) An exclusivity provision in an underlying agreement applicable to the creation and use of a digital replica shall remain in force even if a provision relating to the creation and use of a digital replica is held to be unenforceable under this section.(c)Any person who is currently under, or has entered into, an agreement with an individual performing personal or professional services containing a provision as described in subdivision (a), by February 1, 2025, shall notify that individual in writing that the provision is unenforceable. (c) As used in this section, digital replica means a computer-generated, electronic representation of the voice or likeness of an individual that is readily identifiable as that individual and fixed in a sound recording or audiovisual work.
927. (a) A provision in an agreement between an individual and any other person for the performance of personal or professional services is contrary to public policy and is deemed unconscionable and subject to Section 1670.5 of the Civil Code unenforceable only as it relates to a new performance by a digital replica of the individual if the provision meets all of the following conditions:(1) The provision allows for the creation and use of a digital replica of the individuals voice or likeness in place of work the individual would otherwise have performed in person.(2) The provision does not clearly define and detail all of the proposed uses of the digital replica.(3) The individual was not represented in either of the following manners:(A) Represented by By legal counsel who negotiated on behalf of the individual licensing their the individuals digital replica rights rights, and the licensing terms exist in a standalone written agreement.(B) Represented by By a labor union representing workers who do the proposed work work, and the terms of their collective bargaining agreement expressly covers uses of digital replicas.(b)This section shall apply retroactively.(b) An exclusivity provision in an underlying agreement applicable to the creation and use of a digital replica shall remain in force even if a provision relating to the creation and use of a digital replica is held to be unenforceable under this section.(c)Any person who is currently under, or has entered into, an agreement with an individual performing personal or professional services containing a provision as described in subdivision (a), by February 1, 2025, shall notify that individual in writing that the provision is unenforceable. (c) As used in this section, digital replica means a computer-generated, electronic representation of the voice or likeness of an individual that is readily identifiable as that individual and fixed in a sound recording or audiovisual work.
927. (a) A provision in an agreement between an individual and any other person for the performance of personal or professional services is contrary to public policy and is deemed unconscionable and subject to Section 1670.5 of the Civil Code unenforceable only as it relates to a new performance by a digital replica of the individual if the provision meets all of the following conditions:(1) The provision allows for the creation and use of a digital replica of the individuals voice or likeness in place of work the individual would otherwise have performed in person.(2) The provision does not clearly define and detail all of the proposed uses of the digital replica.(3) The individual was not represented in either of the following manners:(A) Represented by By legal counsel who negotiated on behalf of the individual licensing their the individuals digital replica rights rights, and the licensing terms exist in a standalone written agreement.(B) Represented by By a labor union representing workers who do the proposed work work, and the terms of their collective bargaining agreement expressly covers uses of digital replicas.(b)This section shall apply retroactively.(b) An exclusivity provision in an underlying agreement applicable to the creation and use of a digital replica shall remain in force even if a provision relating to the creation and use of a digital replica is held to be unenforceable under this section.(c)Any person who is currently under, or has entered into, an agreement with an individual performing personal or professional services containing a provision as described in subdivision (a), by February 1, 2025, shall notify that individual in writing that the provision is unenforceable. (c) As used in this section, digital replica means a computer-generated, electronic representation of the voice or likeness of an individual that is readily identifiable as that individual and fixed in a sound recording or audiovisual work.
927. (a) A provision in an agreement between an individual and any other person for the performance of personal or professional services is contrary to public policy and is deemed unconscionable and subject to Section 1670.5 of the Civil Code unenforceable only as it relates to a new performance by a digital replica of the individual if the provision meets all of the following conditions:
(1) The provision allows for the creation and use of a digital replica of the individuals voice or likeness in place of work the individual would otherwise have performed in person.
(2) The provision does not clearly define and detail all of the proposed uses of the digital replica.
(3) The individual was not represented in either of the following manners:
(A) Represented by By legal counsel who negotiated on behalf of the individual licensing their the individuals digital replica rights rights, and the licensing terms exist in a standalone written agreement.
(B) Represented by By a labor union representing workers who do the proposed work work, and the terms of their collective bargaining agreement expressly covers uses of digital replicas.
(b)This section shall apply retroactively.
(b) An exclusivity provision in an underlying agreement applicable to the creation and use of a digital replica shall remain in force even if a provision relating to the creation and use of a digital replica is held to be unenforceable under this section.
(c)Any person who is currently under, or has entered into, an agreement with an individual performing personal or professional services containing a provision as described in subdivision (a), by February 1, 2025, shall notify that individual in writing that the provision is unenforceable.
(c) As used in this section, digital replica means a computer-generated, electronic representation of the voice or likeness of an individual that is readily identifiable as that individual and fixed in a sound recording or audiovisual work.