California · Business and Professions Code - BPC

BPC §22757.3: (a) A covered provider shall offer the user the option to include a manifest disclosure in image, video, or audio content, or content that is any combination thereof, created or altered by the covered

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(a) A covered provider shall offer the user the option to include a manifest disclosure in image, video, or audio content, or content that is any combination thereof, created or altered by the covered provider’s GenAI system that meets all of the following criteria: (1) The disclosure identifies content as AI-generated content. (2) The disclosure is clear, conspicuous, appropriate for the medium of the content, and understandable to a reasonable person. (3) The disclosure is permanent or extraordinarily difficult to remove, to the extent it is technically feasible. (b) A covered provider shall include a latent disclosure in AI-generated image, video, or audio content, or content that is any combination thereof, created by the covered provider’s GenAI system that meets all of the following criteria: (1) To the extent that it is technically feasible and reasonable, the disclosure conveys all of the following information, either directly or through a link to a permanent internet website: (A) The name of the covered provider. (B) The name and version number of the GenAI system that created or altered the content. (C) The time and date of the content’s creation or alteration. (D) A unique identifier. (2) The disclosure is detectable by the covered provider’s AI detection tool. (3) The disclosure is consistent with widely accepted industry standards. (4) The disclosure is permanent or extraordinarily difficult to remove, to the extent it is technically feasible. (c) (1) If a covered provider licenses its GenAI system to a third party, the covered provider shall require by contract that the licensee maintain the system’s capability to include a disclosure required by subdivision (b) in content the system creates or alters. (2) If a covered provider knows that a third-party licensee modified a licensed GenAI system such that it is no longer capable of including a disclosure required by subdivision (b) in content the system creates or alters, the covered provider shall revoke the license within 96 hours of discovering the licensee’s action. (3) A third-party licensee shall cease using a licensed GenAI system after the license for the system has been revoked by the covered provider pursuant to paragraph (2).

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