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Digital replica of a deceased personality without estate consent

Producing/distributing a digital replica of a deceased personality's voice/likeness in an expressive audiovisual work or sound recording requires prior consent from the estate/rights-holder (subject to news/commentary/documentary/incidental exceptions).

Informational data, not legal advice. Summaries are TwinEthos's own words and rules have not been reviewed by a lawyer: check the official text before relying on any of it. A guard addresses an item; adding it is not a statement that your code meets any law.

Family: AI produces or alters a person's likeness, voice, or intimate imagery without consent · control id cond.digital-replica-deceased-without-estate-consent

Reach

1items this one guard addresses
1jurisdictions where binding law on it is in force
0more where it is enacted, not yet applying
0standards and frameworks on the same control

Law in force in California (US-CA).

The guard to add

Require an estate or rights-holder consent record, or a reviewer's stored exception determination, on a deceased personality's replica job before it is generated or published.

A check in the job that generates a voice or likeness replica of a deceased personality, repeated at the publish or download step, that requires one of two things attached to the job: a consent or license record from the estate or successor-in-interest for that personality, or an exception determination (news, commentary or parody, documentary or biographical, fleeting or incidental use) made and signed off by a named reviewer. Jobs with neither are refused, and the record id travels with the rendered audio or video so distribution can be traced.

Where it goes: 1 application source code, 2 data models, 6 API calls and integrations.

What reviewers look for: before the clone or swap call on a job that references a deceased person, an estate_consent or rights_holder_consent lookup or a license from the successor_in_interest, or a stored exception classification (news_exception, parody_exception, documentary_exception, incidental_exception) with the reviewer who made it; the same check gates the s3 upload, publish(, or FileResponse of the render.

Example (Python Coqui XTTS job), before:

def render_tribute(job):
    tts.tts_to_file(text=job.script, speaker_wav=job.late_artist_sample,
                    language='en', file_path=job.out_path)
    publish(job.out_path, title=job.title)

After:

def render_tribute(job):
    grant = estate_consent.lookup(personality_id=job.personality_id, use='sound_recording')
    exception = job.exception_determination   # e.g. 'parody_exception', set by a reviewer
    if grant is None and exception is None:
        raise ReplicaBlocked('no estate consent or reviewed exception for this personality')
    tts.tts_to_file(text=job.script, speaker_wav=job.late_artist_sample,
                    language='en', file_path=job.out_path)
    publish(job.out_path, title=job.title,
            rights_ref=grant.id if grant else f'exception:{exception}')

Engineering guidance, not legal advice. Each provision below may add its own details (a cadence, a deadline, a required notice element): open it for those.

Every rule this guard addresses

Binding law — in force (1)