Senator Cortese's privacy legislation expands legal remedies for Californians whose names, voices, signatures, photographs, or likenesses are used without authorization by allowing courts to issue injunctions and temporary restraining orders against such uses. The bill adds these immediate remedies to existing provisions that allow individuals to seek monetary damages when their personal identifiers are used without consent for commercial purposes.
Under the new provisions, parties who obtain court orders requiring the removal or cessation of unauthorized uses must receive compliance within two business days of serving the order, unless the court specifies otherwise. The legislation maintains current monetary remedies, which provide for damages of at least $750 or actual damages, plus any profits attributable to the unauthorized use. Prevailing parties may also recover attorney's fees and costs.
The bill preserves existing exemptions for uses in news reporting, public affairs coverage, sports broadcasts, and political campaigns. It also retains protections for advertising medium owners and employees, who face liability only if they knowingly participated in unauthorized use. The amendments work within the established framework that requires consent for commercial uses while excluding incidental appearances and providing specific guidelines for photographs containing multiple identifiable individuals.
![]() Al MuratsuchiD Assemblymember | Floor Vote | Not Contacted | |
![]() Sharon Quirk-SilvaD Assemblymember | Floor Vote | Not Contacted | |
![]() James GallagherR Assemblymember | Floor Vote | Not Contacted | |
![]() Mike GipsonD Assemblymember | Floor Vote | Not Contacted | |
![]() Jacqui IrwinD Assemblymember | Floor Vote | Not Contacted |
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Senator Cortese's privacy legislation expands legal remedies for Californians whose names, voices, signatures, photographs, or likenesses are used without authorization by allowing courts to issue injunctions and temporary restraining orders against such uses. The bill adds these immediate remedies to existing provisions that allow individuals to seek monetary damages when their personal identifiers are used without consent for commercial purposes.
Under the new provisions, parties who obtain court orders requiring the removal or cessation of unauthorized uses must receive compliance within two business days of serving the order, unless the court specifies otherwise. The legislation maintains current monetary remedies, which provide for damages of at least $750 or actual damages, plus any profits attributable to the unauthorized use. Prevailing parties may also recover attorney's fees and costs.
The bill preserves existing exemptions for uses in news reporting, public affairs coverage, sports broadcasts, and political campaigns. It also retains protections for advertising medium owners and employees, who face liability only if they knowingly participated in unauthorized use. The amendments work within the established framework that requires consent for commercial uses while excluding incidental appearances and providing specific guidelines for photographs containing multiple identifiable individuals.
Ayes | Noes | NVR | Total | Result |
---|---|---|---|---|
14 | 0 | 1 | 15 | PASS |
![]() Al MuratsuchiD Assemblymember | Floor Vote | Not Contacted | |
![]() Sharon Quirk-SilvaD Assemblymember | Floor Vote | Not Contacted | |
![]() James GallagherR Assemblymember | Floor Vote | Not Contacted | |
![]() Mike GipsonD Assemblymember | Floor Vote | Not Contacted | |
![]() Jacqui IrwinD Assemblymember | Floor Vote | Not Contacted |