Control
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.
Reach
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)
- California (US-CA)
- Digital replicas of deceased personalities require estate consent (California) Cal. Civ. Code 3344.1(a)(2)(A)