California right of publicity (statutory)
A brand made a knowing commercial use of an AI clone of the claimant's voice to advertise a product, without consent. Section 3344 covers voice, and SB 683 extends it to digital replicas, so the elements appear to line up.
Elements that must be met
- 01The defendant knowingly used the claimant's name, voice, signature, photograph, or likeness (including a digital replica).
- 02The use was for advertising, selling, or soliciting the purchase of products, goods, or services.
- 03There was a direct connection between the use and the commercial purpose.
- 04The use was without the claimant's prior consent.
- 05The claimant was injured as a result.
Source trace
Cal. Civ. Code § 3344 · § 3344(a) (knowing commercial use of name, voice, signature, photograph, or likeness); 'voice' and 'likeness' extended to digital replicas by SB 683
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=3344.
Section 3344 covers living persons; deceased persons fall under § 3344.1. Confirm the effective date of the SB 683 amendments for your facts. Verify current law.