Senator Cortese's privacy legislation expands California's legal remedies for individuals whose name, voice, signature, photograph, or likeness is used without consent for commercial purposes. The measure adds injunctive relief to the existing framework of monetary damages under Civil Code Section 3344.
Under the proposed changes, parties can seek temporary restraining orders or injunctions to halt unauthorized commercial use of their personal identifiers. When courts grant these orders without notice to the opposing party, respondents must comply within two business days of service unless the order specifies a shorter timeline. This supplements current provisions that allow recovery of actual damages or $750 (whichever is greater), profits from unauthorized use, punitive damages, and attorney fees.
The bill maintains existing exemptions for news reporting, public affairs coverage, sports broadcasts, political campaigns, and incidental use of employee likenesses in company materials. It also preserves the definition of when someone is "readily identifiable" in photographs and the special rules for group images where individuals are not singled out. Media outlets remain protected from liability unless they knowingly participate in unauthorized use.
![]() Anna CaballeroD Senator | Committee Member | Not Contacted | |
![]() Roger NielloR Senator | Committee Member | Not Contacted | |
![]() Benjamin AllenD Senator | Committee Member | Not Contacted | |
![]() Eloise ReyesD Senator | Committee Member | Not Contacted | |
![]() Scott WienerD Senator | Committee Member | Not Contacted |
This bill was recently introduced. Email the authors to let them know what you think about it.
Senator Cortese's privacy legislation expands California's legal remedies for individuals whose name, voice, signature, photograph, or likeness is used without consent for commercial purposes. The measure adds injunctive relief to the existing framework of monetary damages under Civil Code Section 3344.
Under the proposed changes, parties can seek temporary restraining orders or injunctions to halt unauthorized commercial use of their personal identifiers. When courts grant these orders without notice to the opposing party, respondents must comply within two business days of service unless the order specifies a shorter timeline. This supplements current provisions that allow recovery of actual damages or $750 (whichever is greater), profits from unauthorized use, punitive damages, and attorney fees.
The bill maintains existing exemptions for news reporting, public affairs coverage, sports broadcasts, political campaigns, and incidental use of employee likenesses in company materials. It also preserves the definition of when someone is "readily identifiable" in photographs and the special rules for group images where individuals are not singled out. Media outlets remain protected from liability unless they knowingly participate in unauthorized use.
![]() Anna CaballeroD Senator | Committee Member | Not Contacted | |
![]() Roger NielloR Senator | Committee Member | Not Contacted | |
![]() Benjamin AllenD Senator | Committee Member | Not Contacted | |
![]() Eloise ReyesD Senator | Committee Member | Not Contacted | |
![]() Scott WienerD Senator | Committee Member | Not Contacted |