Privacy Law Library

Allen Toussaint Legacy Act (right of publicity and digital replicas)

LA Allen Toussaint Legacy Act

Artificial intelligence · Other

Creates a heritable, transferable property right in each person's identity for commercial purposes, and makes it a violation to use someone's identity commercially in Louisiana without consent. It also bars using a realistic digital replica of a professional performer to create the impression that the performer is actually playing a fictional role. News, commentary, parody, expressive works, and other listed uses are exempt.

Where
Louisiana
Citation
La. R.S. 51:470.1 to 51:470.6 (Acts 2022, No. 425)
Status
In force
In force since
2022-08-01
Enforced by
Private civil actions
People can sue
Yes
Penalties
Civil remedies for misappropriation; the court may award reasonable attorney fees, costs, and expenses to the prevailing party. Claims prescribe two years after discovery, and suits are subject to Louisiana's anti-SLAPP procedure (C.C.P. art. 971).
Applies to
  • Any person who uses an individual's identity (name, likeness, voice, and similar attributes) for commercial purposes in Louisiana, or uses a digital replica of a professional performer in a scripted audiovisual or live dramatic work

Practices it requires

  • Obtain consent from the individual or an authorized representative before using the individual's identity for a commercial purpose in Louisiana.La. R.S. 51:470.4(A)
  • Do not use a digital replica in a public performance of a scripted audiovisual work or a live dramatic work to create the clear impression that the professional performer is actually performing the role.La. R.S. 51:470.4(C)

Other duties

  • Transfers or exclusive licenses of identity rights must be in writing and signed; rights survive death except as to audiovisual performances.La. R.S. 51:470.3(B)-(D)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Effective date taken from R.S. 51:470.6(B), which vests the rights on August 1, 2022.

Research reference, not legal advice.