Last month, California Governor Gavin Newsom signed into law Senate Bill 683, which makes a significant addition to Civil Code § 3344, California’s Right of Publicity statute. With the amendment, § 3344 now expressly authorizes injunctive relief, which strengthens individuals’ ability to protect their name, image, voice, and likeness from unauthorized use.
Previously, under the prior version of § 3344, a person whose name, image, or likeness was used on merchandise products and in advertising without prior consent could recover statutory or actual damages, any profits attributable to the use, punitive damages, and attorney’s fees and costs. Now, the new law clarifies that those monetary remedies are not exclusive, and a plaintiff may also seek temporary restraining orders (TROs) and preliminary injunctions under California Code of Civil Procedure § 527. Furthermore, if a court grants a TRO, the defendant must “remove, recall, or otherwise cease” the unauthorized use of the plaintiff’s name, voice, signature, photograph, or likeness within two business days after the order is served, unless the court’s order states otherwise. Although courts already had the power to issue injunctive relief under general civil procedure when irreparable harm could be shown, there was no explicit statutory right associated with right of publicity claims and no time deadlines for TRO compliance by defendants. SB 683 makes the remedial process more concrete, giving right of publicity plaintiffs a quicker route to stop the misuse of their name, image, or likeness, rather than being at risk of ongoing irreparable harm and waiting for a final judgment.
The passing of SB 683 is another notable development in the recent evolution of California’s right of publicity laws. Previously, in September 2024, California enacted Assembly Bills 2602 and 1836, which aim to modernize California’s right of publicity laws in the new age of generative artificial intelligence and digital replicas. AB 2602 prohibits a person or entity from enforcing overly broad contract clauses that allow for the creation or use of AI-generated digital replicas of an individual’s name, image, or likeness, in place of work that the individual would otherwise have performed in person, unless the individual has given consent and was represented by legal counsel or a labor union. AB 1836, an amendment to § 3344, strengthens the post-mortem rights of individuals by explicitly adding to the statute the use of digital replicas of deceased individuals. This addition gives the estates of deceased individuals the power to control the use of digital replicas and to sue for damages if the deceased individual’s name, image, or likeness, through AI, was created or used without consent.
By expressly authorizing injunctive relief and imposing a two-day compliance timeline for TROs, SB 683 expands the legal remedies available to protect individuals’ name, image, and likeness before more harm occurs. The law goes into effect January 1, 2026.