Enrolled August 31, 2024 Passed IN Senate August 27, 2024 Passed IN Assembly August 28, 2024 Amended IN Senate August 23, 2024 Amended IN Senate June 10, 2024 Amended IN Assembly April 25, 2024 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, 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 under the direction of the Labor Commissioner.This bill would provide that a provision in an agreement between an individual and any other person for the performance of personal or professional services is unenforceable only as it relates to a new performance, fixed on or after January 1, 2025, by a digital replica of the individual if the provision meets specified conditions relating to the use of a digital replica of the voice or likeness of an individual in lieu of the work of the individual. The bill would define digital replica to mean a computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that is embodied in a sound recording, image, audiovisual work, or transmission in which the actual individual either did not actually perform or appear, or the actual individual did perform or appear, but the fundamental character of the performance or appearance has been materially altered, except as prescribed.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 unenforceable only as it relates to a new performance, fixed on or after January 1, 2025, by a digital replica of the individual if the provision meets all of the following conditions:(1) The provision allows for the creation and use of a digital replica of the individuals voice or likeness in place of work the individual would otherwise have performed in person.(2) (A) Except as provided in subparagraph (B), the provision does not include a reasonably specific description of the intended uses of the digital replica.(B) Failure to include a reasonably specific description of the intended uses of a digital replica does not render the provision unenforceable if the uses are consistent with the terms of the contract for the performance of personal or professional services and the fundamental character of the photography or soundtrack as recorded or performed.(3) The individual was not represented in any of the following manners:(A) By legal counsel who negotiated on behalf of the individual licensing the individuals digital replica rights, and the commercial terms are stated clearly and conspicuously in a contract or other writing signed or initialed by the individual.(B) By a labor union representing workers who do the proposed work, and the terms of their collective bargaining agreement expressly addresses uses of digital replicas.(b) This section does not affect provisions of a contract other than a provision that falls under subdivision (a) and does not impact, abrogate, or otherwise affect any exclusivity grants contained in, or related to, a provision subject to subdivision (a).(c) (1) As used in this section, digital replica means a computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that is embodied in a sound recording, image, audiovisual work, or transmission in which the actual individual either did not actually perform or appear, or the actual individual did perform or appear, but the fundamental character of the performance or appearance has been materially altered.(2) Digital replica does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyrightholder.
Enrolled August 31, 2024 Passed IN Senate August 27, 2024 Passed IN Assembly August 28, 2024 Amended IN Senate August 23, 2024 Amended IN Senate June 10, 2024 Amended IN Assembly April 25, 2024 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, 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 under the direction of the Labor Commissioner.This bill would provide that a provision in an agreement between an individual and any other person for the performance of personal or professional services is unenforceable only as it relates to a new performance, fixed on or after January 1, 2025, by a digital replica of the individual if the provision meets specified conditions relating to the use of a digital replica of the voice or likeness of an individual in lieu of the work of the individual. The bill would define digital replica to mean a computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that is embodied in a sound recording, image, audiovisual work, or transmission in which the actual individual either did not actually perform or appear, or the actual individual did perform or appear, but the fundamental character of the performance or appearance has been materially altered, except as prescribed.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Enrolled August 31, 2024 Passed IN Senate August 27, 2024 Passed IN Assembly August 28, 2024 Amended IN Senate August 23, 2024 Amended IN Senate June 10, 2024 Amended IN Assembly April 25, 2024 Amended IN Assembly April 15, 2024 Amended IN Assembly April 01, 2024
Enrolled August 31, 2024
Passed IN Senate August 27, 2024
Passed IN Assembly August 28, 2024
Amended IN Senate August 23, 2024
Amended IN Senate June 10, 2024
Amended IN Assembly April 25, 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, 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 under the direction of the Labor Commissioner.This bill would provide that a provision in an agreement between an individual and any other person for the performance of personal or professional services is unenforceable only as it relates to a new performance, fixed on or after January 1, 2025, by a digital replica of the individual if the provision meets specified conditions relating to the use of a digital replica of the voice or likeness of an individual in lieu of the work of the individual. The bill would define digital replica to mean a computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that is embodied in a sound recording, image, audiovisual work, or transmission in which the actual individual either did not actually perform or appear, or the actual individual did perform or appear, but the fundamental character of the performance or appearance has been materially altered, except as prescribed.
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 under the direction of the Labor Commissioner.
This bill would provide that a provision in an agreement between an individual and any other person for the performance of personal or professional services is unenforceable only as it relates to a new performance, fixed on or after January 1, 2025, by a digital replica of the individual if the provision meets specified conditions relating to the use of a digital replica of the voice or likeness of an individual in lieu of the work of the individual. The bill would define digital replica to mean a computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that is embodied in a sound recording, image, audiovisual work, or transmission in which the actual individual either did not actually perform or appear, or the actual individual did perform or appear, but the fundamental character of the performance or appearance has been materially altered, except as prescribed.
## 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 unenforceable only as it relates to a new performance, fixed on or after January 1, 2025, by a digital replica of the individual if the provision meets all of the following conditions:(1) The provision allows for the creation and use of a digital replica of the individuals voice or likeness in place of work the individual would otherwise have performed in person.(2) (A) Except as provided in subparagraph (B), the provision does not include a reasonably specific description of the intended uses of the digital replica.(B) Failure to include a reasonably specific description of the intended uses of a digital replica does not render the provision unenforceable if the uses are consistent with the terms of the contract for the performance of personal or professional services and the fundamental character of the photography or soundtrack as recorded or performed.(3) The individual was not represented in any of the following manners:(A) By legal counsel who negotiated on behalf of the individual licensing the individuals digital replica rights, and the commercial terms are stated clearly and conspicuously in a contract or other writing signed or initialed by the individual.(B) By a labor union representing workers who do the proposed work, and the terms of their collective bargaining agreement expressly addresses uses of digital replicas.(b) This section does not affect provisions of a contract other than a provision that falls under subdivision (a) and does not impact, abrogate, or otherwise affect any exclusivity grants contained in, or related to, a provision subject to subdivision (a).(c) (1) As used in this section, digital replica means a computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that is embodied in a sound recording, image, audiovisual work, or transmission in which the actual individual either did not actually perform or appear, or the actual individual did perform or appear, but the fundamental character of the performance or appearance has been materially altered.(2) Digital replica does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyrightholder.
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 unenforceable only as it relates to a new performance, fixed on or after January 1, 2025, by a digital replica of the individual if the provision meets all of the following conditions:(1) The provision allows for the creation and use of a digital replica of the individuals voice or likeness in place of work the individual would otherwise have performed in person.(2) (A) Except as provided in subparagraph (B), the provision does not include a reasonably specific description of the intended uses of the digital replica.(B) Failure to include a reasonably specific description of the intended uses of a digital replica does not render the provision unenforceable if the uses are consistent with the terms of the contract for the performance of personal or professional services and the fundamental character of the photography or soundtrack as recorded or performed.(3) The individual was not represented in any of the following manners:(A) By legal counsel who negotiated on behalf of the individual licensing the individuals digital replica rights, and the commercial terms are stated clearly and conspicuously in a contract or other writing signed or initialed by the individual.(B) By a labor union representing workers who do the proposed work, and the terms of their collective bargaining agreement expressly addresses uses of digital replicas.(b) This section does not affect provisions of a contract other than a provision that falls under subdivision (a) and does not impact, abrogate, or otherwise affect any exclusivity grants contained in, or related to, a provision subject to subdivision (a).(c) (1) As used in this section, digital replica means a computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that is embodied in a sound recording, image, audiovisual work, or transmission in which the actual individual either did not actually perform or appear, or the actual individual did perform or appear, but the fundamental character of the performance or appearance has been materially altered.(2) Digital replica does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyrightholder.
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 unenforceable only as it relates to a new performance, fixed on or after January 1, 2025, by a digital replica of the individual if the provision meets all of the following conditions:(1) The provision allows for the creation and use of a digital replica of the individuals voice or likeness in place of work the individual would otherwise have performed in person.(2) (A) Except as provided in subparagraph (B), the provision does not include a reasonably specific description of the intended uses of the digital replica.(B) Failure to include a reasonably specific description of the intended uses of a digital replica does not render the provision unenforceable if the uses are consistent with the terms of the contract for the performance of personal or professional services and the fundamental character of the photography or soundtrack as recorded or performed.(3) The individual was not represented in any of the following manners:(A) By legal counsel who negotiated on behalf of the individual licensing the individuals digital replica rights, and the commercial terms are stated clearly and conspicuously in a contract or other writing signed or initialed by the individual.(B) By a labor union representing workers who do the proposed work, and the terms of their collective bargaining agreement expressly addresses uses of digital replicas.(b) This section does not affect provisions of a contract other than a provision that falls under subdivision (a) and does not impact, abrogate, or otherwise affect any exclusivity grants contained in, or related to, a provision subject to subdivision (a).(c) (1) As used in this section, digital replica means a computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that is embodied in a sound recording, image, audiovisual work, or transmission in which the actual individual either did not actually perform or appear, or the actual individual did perform or appear, but the fundamental character of the performance or appearance has been materially altered.(2) Digital replica does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyrightholder.
927. (a) A provision in an agreement between an individual and any other person for the performance of personal or professional services is unenforceable only as it relates to a new performance, fixed on or after January 1, 2025, by a digital replica of the individual if the provision meets all of the following conditions:(1) The provision allows for the creation and use of a digital replica of the individuals voice or likeness in place of work the individual would otherwise have performed in person.(2) (A) Except as provided in subparagraph (B), the provision does not include a reasonably specific description of the intended uses of the digital replica.(B) Failure to include a reasonably specific description of the intended uses of a digital replica does not render the provision unenforceable if the uses are consistent with the terms of the contract for the performance of personal or professional services and the fundamental character of the photography or soundtrack as recorded or performed.(3) The individual was not represented in any of the following manners:(A) By legal counsel who negotiated on behalf of the individual licensing the individuals digital replica rights, and the commercial terms are stated clearly and conspicuously in a contract or other writing signed or initialed by the individual.(B) By a labor union representing workers who do the proposed work, and the terms of their collective bargaining agreement expressly addresses uses of digital replicas.(b) This section does not affect provisions of a contract other than a provision that falls under subdivision (a) and does not impact, abrogate, or otherwise affect any exclusivity grants contained in, or related to, a provision subject to subdivision (a).(c) (1) As used in this section, digital replica means a computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that is embodied in a sound recording, image, audiovisual work, or transmission in which the actual individual either did not actually perform or appear, or the actual individual did perform or appear, but the fundamental character of the performance or appearance has been materially altered.(2) Digital replica does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyrightholder.
927. (a) A provision in an agreement between an individual and any other person for the performance of personal or professional services is unenforceable only as it relates to a new performance, fixed on or after January 1, 2025, by a digital replica of the individual if the provision meets all of the following conditions:(1) The provision allows for the creation and use of a digital replica of the individuals voice or likeness in place of work the individual would otherwise have performed in person.(2) (A) Except as provided in subparagraph (B), the provision does not include a reasonably specific description of the intended uses of the digital replica.(B) Failure to include a reasonably specific description of the intended uses of a digital replica does not render the provision unenforceable if the uses are consistent with the terms of the contract for the performance of personal or professional services and the fundamental character of the photography or soundtrack as recorded or performed.(3) The individual was not represented in any of the following manners:(A) By legal counsel who negotiated on behalf of the individual licensing the individuals digital replica rights, and the commercial terms are stated clearly and conspicuously in a contract or other writing signed or initialed by the individual.(B) By a labor union representing workers who do the proposed work, and the terms of their collective bargaining agreement expressly addresses uses of digital replicas.(b) This section does not affect provisions of a contract other than a provision that falls under subdivision (a) and does not impact, abrogate, or otherwise affect any exclusivity grants contained in, or related to, a provision subject to subdivision (a).(c) (1) As used in this section, digital replica means a computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that is embodied in a sound recording, image, audiovisual work, or transmission in which the actual individual either did not actually perform or appear, or the actual individual did perform or appear, but the fundamental character of the performance or appearance has been materially altered.(2) Digital replica does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyrightholder.
927. (a) A provision in an agreement between an individual and any other person for the performance of personal or professional services is unenforceable only as it relates to a new performance, fixed on or after January 1, 2025, by a digital replica of the individual if the provision meets all of the following conditions:
(1) The provision allows for the creation and use of a digital replica of the individuals voice or likeness in place of work the individual would otherwise have performed in person.
(2) (A) Except as provided in subparagraph (B), the provision does not include a reasonably specific description of the intended uses of the digital replica.
(B) Failure to include a reasonably specific description of the intended uses of a digital replica does not render the provision unenforceable if the uses are consistent with the terms of the contract for the performance of personal or professional services and the fundamental character of the photography or soundtrack as recorded or performed.
(3) The individual was not represented in any of the following manners:
(A) By legal counsel who negotiated on behalf of the individual licensing the individuals digital replica rights, and the commercial terms are stated clearly and conspicuously in a contract or other writing signed or initialed by the individual.
(B) By a labor union representing workers who do the proposed work, and the terms of their collective bargaining agreement expressly addresses uses of digital replicas.
(b) This section does not affect provisions of a contract other than a provision that falls under subdivision (a) and does not impact, abrogate, or otherwise affect any exclusivity grants contained in, or related to, a provision subject to subdivision (a).
(c) (1) As used in this section, digital replica means a computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that is embodied in a sound recording, image, audiovisual work, or transmission in which the actual individual either did not actually perform or appear, or the actual individual did perform or appear, but the fundamental character of the performance or appearance has been materially altered.
(2) Digital replica does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyrightholder.