CA AB 459

Title: Contracts against public policy: personal or professional services: digital replicas.
Author: Matt Haney

Summary
AB 459, 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 employee’s 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 contrary to public policy and deemed unconscionable 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 or to train a generative artificial intelligence system. The bill would provide 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, 2024, to notify that individual in writing that the provision is unenforceable.

Status
Re-referred to Com. on RLS.

Bill Documents
CA AB 459 - 09/13/23 - Amended Senate
09/13/23 - CA AB 459 (09/13/23 - Amended Senate)