(a) Any person who knowingly uses another's 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 such person's prior consent, or, in the case of a minor, the prior consent of their parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof. In addition, in any 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 them 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 these profits, the injured party or parties are required to present proof only of the gross revenue attributable to the unauthorized use, and the person who violated this section is required to prove their 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 attorney's fees and costs.

(b)–(b)(3) 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 employee's 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 such use is commercially sponsored or contains paid advertising. Rather it shall be a question of fact whether or not the use of the person's 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 those owners or employees had knowledge of the unauthorized use of the person's name, voice, signature, photograph, or likeness as prohibited by this section.

(g) 3 For purposes of this section, a voice or photograph that is synthetic contentSynthetic content"Synthetic content" means information, such as text, audio, videos, or images, that has been significantly modified or generated by algorithms, including by AI. Synthetic content includes content commonly referred to as deepfakes.Penal Code § 540(b), as defined in Section 540 of the Penal Code, is deemed to be the voice or photograph of the person depicted, if a reasonable person would believe that the synthetic contentSynthetic content"Synthetic content" means information, such as text, audio, videos, or images, that has been significantly modified or generated by algorithms, including by AI. Synthetic content includes content commonly referred to as deepfakes.Penal Code § 540(b) is the genuine voice or photograph of that person.

(h) The remedies provided for in this section are cumulative and shall be in addition to any others provided for by law.

(a) 4 By no later than January 1, 2026, the Judicial Council shall review the impact of artificial intelligenceArtificial intelligence"Artificial intelligence" or "AI" means an engineered or machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs that can influence physical or virtual environments and that may operate with varying levels of autonomy.Penal Code § 540(a) on the introduction of evidence in court proceedings and develop any necessary rules of court to assist courts in assessing claims that evidence that is being introduced has been generated by or manipulated by artificial intelligenceArtificial intelligence"Artificial intelligence" or "AI" means an engineered or machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs that can influence physical or virtual environments and that may operate with varying levels of autonomy.Penal Code § 540(a).

(b) As used in this section, "artificial intelligenceArtificial intelligence"Artificial intelligence" or "AI" means an engineered or machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs that can influence physical or virtual environments and that may operate with varying levels of autonomy.Penal Code § 540(a)" has the same meaning as in Section 540 of the Penal Code.

For purposes of the chapter, the following definitions apply:

(a) "Artificial intelligenceArtificial intelligence"Artificial intelligence" or "AI" means an engineered or machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs that can influence physical or virtual environments and that may operate with varying levels of autonomy.Penal Code § 540(a)" or "AI" means an engineered or machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs that can influence physical or virtual environments and that may operate with varying levels of autonomy.

(b) "Synthetic contentSynthetic content"Synthetic content" means information, such as text, audio, videos, or images, that has been significantly modified or generated by algorithms, including by AI. Synthetic content includes content commonly referred to as deepfakes.Penal Code § 540(b)" means information, such as text, audio, videos, or images, that has been significantly modified or generated by algorithms, including by AI. Synthetic contentSynthetic content"Synthetic content" means information, such as text, audio, videos, or images, that has been significantly modified or generated by algorithms, including by AI. Synthetic content includes content commonly referred to as deepfakes.Penal Code § 540(b) includes content commonly referred to as deepfakes.

5 For the purposes of any provision of this code in which the false impersonation of another is a required element, including, without limitation, Sections 528.5, 529, and 530, the use of synthetic contentSynthetic content"Synthetic content" means information, such as text, audio, videos, or images, that has been significantly modified or generated by algorithms, including by AI. Synthetic content includes content commonly referred to as deepfakes.Penal Code § 540(b) with the intent to impersonate another is deemed to be a false personation. Intent to impersonate can be inferred if the synthetic contentSynthetic content"Synthetic content" means information, such as text, audio, videos, or images, that has been significantly modified or generated by algorithms, including by AI. Synthetic content includes content commonly referred to as deepfakes.Penal Code § 540(b) produced would lead a reasonable person to believe that it is a genuine recording of, or the actual voice of, the person that it is presenting to be.