Privacy & Information Security Law Blog

On October 10, 2025, California Governor Gavin Newsom signed Senate Bill 683 (“SB 683”) (the “Act”), amending California’s Right of Publicity statute, California Civil Code Section 3344 (“Section 3344”) to add injunctive relief to the available remedies and extend liability to cover digital replicas.

Section 3344 applies to any individual or business that knowingly uses another’s name, voice, signature, photograph, or likeness without prior consent in advertising, selling, or promoting products or services.

Key provisions of Section 3344 include:

• Broad Definition of Photograph. “Photograph” means any photographic reproduction, whether still or moving, or any videotape or live television transmission, of any person such that the person is readily identifiable. If the photograph includes more than one identifiable person, a person complaining of the use must be represented as an individual rather than solely as a member of a definable group, such as an audience or crowd at an event.  
• Digital Replicas. Importantly, given advancements in generative artificial intelligence, the Act extends liability under Section 3344 to digital replicas by providing that the terms “voice” and “likeness” include a digital replica.
• Exception for News, Sports, Public Affairs and Politics. Section 3344 does not apply to the use of a person’s name, voice, signature, photograph, or likeness when used in connection with any news, public affairs, or sports broadcast or account, or political campaigns.
• Commercial Uses Not Always Covered. The commercial use of a person’s name, voice, signature, photograph, or likeness does not necessarily constitute a use for which consent is required under Section 3344. Whether consent is required depends on the facts.
• Media Owners and Employees Not Liable Absent Knowledge. Owners and employees of media used for advertising, such as newspapers or television networks, are not liable under Section 3344 unless they have actual knowledge of the unauthorized use.
• Monetary Relief. Section 3344 provides for $750 in statutory damages or actual damages suffered as a result of the unauthorized use, and any profits from the unauthorized use attributable to the use and not taken into account in computing the actual damages. Punitive damages, and an award of attorney’s fees and costs are also available.
• Injunctive Relief. The Act adds injunctions and temporary restraining orders to the available relief. If a court orders the respondent to remove, recall, or cease the publication or distribution of the individual’s name, voice, signature, photograph or likeness, the respondent must comply within two business days from the day the order is served.