What California AB 2602 Means for Actors, Influencers, and Creators
AB 2602 Has Been Law for Over a Year. Is It Actually in Your Contracts?
California AB 2602 took effect on January 1, 2025. It was a real step forward for performer and creator rights as one of the first state laws to require informed consent and independent representation before any performer can sign away their digital likeness to AI. More than a year later, most individual performers and creators are still not seeing it reflected in the deals in front of them.
That is the gap worth talking about. Not what the law says as that part is clear. But whether the protections it created are actually making it into contracts, and what you still need to be asking for that AB 2602 does not hand you automatically.
What the Law Does
AB 2602 requires that any contract provision allowing a company to create a digital replica of a performer's voice or likeness must be clearly disclosed in the contract itself, in plain language, and must be accompanied by meaningful consent. The performer must actually understand what they are agreeing to. A buried clause on page 47 of a boilerplate agreement no longer cuts it.
The law also requires that performers receive individual representation, meaning their own legal counsel or a union representative, before they can waive these rights. You cannot simply be handed a contract and told to sign. There is a process, and that process now has legal teeth.
Who It Covers
The law applies to contracts for the services of performers. That includes actors, singers, dancers, stunt performers, and voice actors working under personal services agreements. If a studio or production company wants to create a digital version of you to use in their project, this law governs how that agreement has to be structured.
Importantly, it also covers non-union talent. This is not a SAG-AFTRA-only protection. If you are an independent performer working outside the union, AB 2602 still applies to any California-governed contract that touches your digital likeness.
What It Does Not Cover
AB 2602 is a significant step forward, but it has real limits. It applies to the creation of digital replicas, not to every use of AI in production. If a studio wants to use AI tools to enhance editing, lighting, or background elements that do not involve your specific likeness, this law does not speak to that.
It also does not address compensation directly. The law requires informed consent and individual representation, but it does not set a rate or mandate residuals. What you get paid for the use of your digital replica is still a negotiation. AB 2602 just makes sure that negotiation has to happen honestly.
And for influencers and content creators working directly with brands rather than studios, the picture is murkier. If your brand deal was drafted in California and involves the use of your likeness in AI-generated content, the law likely applies. But the further you get from a traditional performance agreement, the more important it becomes to have contract language that fills in the gaps the statute leaves open.
What Your Contracts Need Right Now
AB 2602 sets a floor. Studios and production companies have had over a year to update their standard agreements to reflect what it requires. Most of them have. Individual performers and creators are often still working off older templates or signing what gets put in front of them. Here is what I would want to see in any agreement that could touch your likeness or voice.
Explicit scope language. The contract should specify exactly what kind of digital replica or AI-generated content is being authorized. Broad language like "any likeness in any medium" is a red flag.
Approval rights. You should have the right to review and approve how your digital likeness is used, particularly in promotional or commercial contexts that fall outside the original scope of the project.
Compensation tied to use. If your digital replica is used in ways beyond what was originally contemplated, there should be additional compensation tied to that use. This includes franchise extensions, sequels, and promotional campaigns.
Sunset provisions. Digital replicas should not be licensed in perpetuity by default. Negotiate a defined term, with the right to renegotiate or revoke consent after that term expires.
The Bigger Picture
AB 2602 was California moving first, as it often does. Federal legislation around AI likeness rights has been in discussion since 2023 and has not yet passed in any comprehensive form. That means state law and individual contract language remain the primary tools available to most working performers and creators. The studios and platforms have legal teams actively working on this. If you are not, that is the imbalance worth correcting.
The contracts being negotiated right now will govern how AI is used for years. It is worth getting the language right.
What to Do Next
If you have active contracts that involve your performance, your voice, or your likeness, it is worth reviewing them against what AB 2602 requires. If you are about to sign a new one, make sure it not only meets the law but goes beyond the minimum. The law sets what companies have to disclose. It does not set what you are allowed to negotiate for.
ELLA works with performers, content creators, and indie filmmakers navigating exactly these issues. We offer free consultations, and we are happy to take a look at what you have in front of you.
Schedule your free consultation or call (310) 975-3138.