Daily Current Affairs : 6-September-2024
On August 31, 2024, California passed Assembly Bill (AB) 1836, a new regulation that governs the commercial use of deceased people’s likenesses, including their photos, voices, and virtual representations. The purpose of this regulation is to ensure that using a deceased personality’s likeness, particularly in synthetic intelligence (AI)-generated content, is done with proper consent from their heirs. This law aims to protect the dignity and privacy of deceased personalities and their families, ensuring their likenesses are not exploited for commercial gain without approval.
Key Aspects of AB 1836
AB 1836 includes several important provisions that address the use of deceased personalities’ likenesses:
- Consent Requirement: The law mandates that individuals or companies must obtain consent from the heirs of a deceased person before using their likeness, whether it’s for AI-generated images, voices, or other digital representations.
- Penalties: If an individual or organization uses a deceased personality’s likeness without proper consent, they could face fines ranging from $750 to $10,000. In addition to fines, the person or entity may also be required to pay damages for unauthorized use.
- Scope of the Law: AB 1836 applies to the commercial use of likenesses and digital replicas. However, it does not cover uses in artistic, political, or news-related works, where public interest may take precedence.
- Transfer of Rights: Likeness rights can be transferred to the deceased’s family or heirs through contracts. If no heirs are present, the rights to the likeness may be terminated.
Ethical Values Protected by AB 1836
AB 1836 also embodies several key ethical principles:
- Respect for Autonomy: The law respects the wishes of deceased individuals by ensuring their likeness can only be used with their family’s consent. This helps maintain respect for their personal legacy.
- Protection of Privacy: By controlling how and when a deceased person’s likeness is used, the law prevents unauthorized exploitation of their image, protecting their privacy even after death.
- Fair Compensation: The requirement for consent and penalties for unauthorized use ensure that families are fairly compensated for the use of their loved ones’ likenesses.
- Justice: The law seeks to prevent potential exploitation of deceased personalities, ensuring their images are not misused for profit without consideration for their family’s wishes.
- Transparency: By defining clear rules and penalties, AB 1836 provides transparency in how likenesses are used, making it easier for businesses and families to understand their rights and obligations.
Important Points:
Key Aspects of AB 1836:
- Consent Requirement: Consent must be obtained from the heirs of a deceased person before using their likeness (image, voice, or digital replicas) for commercial purposes.
- Penalties for Unauthorized Use: Fines range from $750 to $10,000, plus potential damages, for using a deceased person’s likeness without consent.
- Scope of the Law: Applies to commercial use of likenesses and digital replicas, but excludes artistic, political, or news-related uses where public interest may apply.
- Transfer of Likeness Rights: Likeness rights can be transferred to the deceased’s family or heirs through contracts, or terminated if no heirs are present.
Ethical Values Protected by AB 1836:
- Respect for Autonomy: Ensures the deceased’s likeness can only be used with the consent of their family, preserving their personal legacy.
- Protection of Privacy: Prevents the unauthorized exploitation of a deceased person’s image, safeguarding their privacy posthumously.
- Fair Compensation: Guarantees that families receive fair compensation if their loved one’s likeness is used commercially.
- Justice: Prevents the exploitation of deceased personalities for profit, ensuring that their families’ wishes are respected.
- Transparency: The law defines clear rules and penalties, ensuring transparency in how likenesses are used and helping businesses and families understand their rights and obligations.
Why In News
California’s AB 1836, passed on August 31, 2024, regulates the commercial use of deceased personalities’ likenesses, including their voice, image, and digital representations. The law specifically aims to protect against the unauthorized creation and use of AI-generated replicas by requiring consent from the deceased’s heirs before such likenesses can be used for commercial purposes. This ensures that the personal legacy and privacy of deceased individuals are respected in an increasingly digital world.
MCQs about California’s AB 1836
-
What does California’s AB 1836 law require before using the likeness of a deceased person for commercial purposes?
A. The approval of a judge
B. Consent from the deceased’s heirs
C. Public interest approval
D. Government authorization
-
What is the range of fines for unauthorized use of a deceased person’s likeness under AB 1836?
A. $500 to $5,000
B. $1,000 to $50,000
C. $750 to $10,000
D. $10,000 to $100,000
-
Which of the following is **not** covered by AB 1836?
A. Commercial use of a deceased person’s image
B. Digital replicas for artistic work
C. Unauthorized AI-generated likenesses
D. Use of likeness for political commentary
-
What ethical principle is primarily supported by the requirement for consent from heirs before using a deceased person’s likeness?
A. Fair Compensation
B. Justice
C. Respect for Autonomy
D. Protection of Privacy
Boost up your confidence by appearing our Weekly Current Affairs Multiple Choice Questions
