Bill Text: IL HB4875 | 2023-2024 | 103rd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Right of Publicity Act. Grants additional enforcement rights and remedies to recording artists. Provides for the liability of any person who materially contributes to, induces, or otherwise facilitates a violation of a specified provision of the Act by another party after having reason to know that the other party is in violation. Defines "artificial intelligence" and "generative artificial intelligence". Changes the definition of "commercial purpose" and "identity".

Spectrum: Partisan Bill (Democrat 42-2)

Status: (Passed) 2024-08-09 - Public Act . . . . . . . . . 103-0836 [HB4875 Detail]

Download: Illinois-2023-HB4875-Enrolled.html

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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Right of Publicity Act is amended by
changing Sections 5, 20, 30, and 35 as follows:
(765 ILCS 1075/5)
Sec. 5. Definitions. As used in this Act:
"Artificial intelligence" means a machine-based system
that, for explicit or implicit objectives, infers, from the
input it receives, how to generate outputs such as
predictions, content, recommendations, or decisions that can
influence physical or virtual environments. "Artificial
intelligence" includes generative artificial intelligence.
"Commercial purpose" means the public use or holding out
of an individual's identity (i) on or in connection with the
offering for sale or sale of a product, merchandise, goods, or
services; (ii) for purposes of advertising or promoting
products, merchandise, goods, or services; or (iii) for the
purpose of fundraising.
"Application software provider" means a person providing a
digital distribution service for other software applications
and that allows users to search for and download such
applications.

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"Cloud service provider" means a cloud service provider as
defined by 6 U.S.C. 650.
"Digital replica" means a newly created, electronic
representation of the voice, image, or likeness of an actual
individual created using a computer, algorithm, software,
tool, artificial intelligence, or other technology that is
fixed in a sound recording or audiovisual work in which that
individual did not actually perform or appear, and which a
reasonable person would believe is that particular
individual's voice, image, or likeness being imitated.
"Generative artificial intelligence" means an automated
computing system that, when prompted with human prompts,
descriptions, or queries, can produce outputs that simulate
human-produced content, including, but not limited to, the
following:
(1) textual outputs, such as short answers, essays,
poetry, or longer compositions or answers;
(2) image outputs, such as fine art, photographs,
conceptual art, diagrams, and other images;
(3) multimedia outputs, such as audio or video in the
form of compositions, songs, or short-form or long-form
audio or video; and
(4) other content that would be otherwise produced by
human means.
"Identity" means any attribute of an individual that
serves to identify that individual to an ordinary, reasonable

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viewer or listener, including but not limited to: (i) name,
(ii) signature, (iii) photograph, (iv) image, (v) likeness, or
(vi) voice.
"Individual" means a living or deceased natural person,
regardless of whether the identity of that individual has been
used for a commercial purpose during the individual's
lifetime.
"Juristic person" means a partnership, trust, estate,
corporation, unincorporated association, or other organization
capable of suing and being sued in a court of law.
"Name" means the actual name or other name by which an
individual is known that is intended to identify that
individual.
"Person" means a natural or juristic person. "Person" only
includes a service provider under subsections (b) and (d) of
Section 30 if the service provider created the unauthorized
digital replica. "Person" does not include a data center, as
defined by the Department of Commerce and Economic Opportunity
Law of the Civil Administrative Code of Illinois, under
subsections (b) and (d) of Section 30.
"Service provider" means any entity offering broadband
service as that term is used in Section 10 of the Broadband
Advisory Council Act, a wireless carrier as defined by 47
U.S.C. 615b(4), or a telecommunication carrier as that term is
used in Section 13-202 of the Public Utilities Act.
"Unauthorized digital replica" means the use of a digital

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replica of an individual without the consent of the
appropriate person or persons identified in Section 20 or
their authorized representative.
"Work of Fine Art" means (i) a visual rendition including,
but not limited to, a painting, drawing, sculpture, mosaic,
videotape, or photograph; (ii) a work of calligraphy; (iii) a
work of graphic art including, but not limited to, an etching,
lithograph, serigraph, or offset print; (iv) a craft work in
materials including, but not limited to, clay, textile, fiber,
wood, metal, plastic, or glass; or (v) a work in mixed media
including, but not limited to, a collage, assemblage, or work
consisting of any combination of items (i) through (iv).
(Source: P.A. 90-747, eff. 1-1-99.)
(765 ILCS 1075/20)
Sec. 20. Enforcement of rights and remedies.
(a) The rights and remedies set forth in this Act may be
exercised and enforced by:
(1) an individual or his or her authorized
representative;
(2) a person to whom the recognized rights have been
transferred by written transfer under Section 15 of this
Act; or
(3) after the death of an individual who has not
transferred the recognized rights by written transfer
under this Act, any person or persons who possesses an

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interest in those rights.
(a-5) In addition to the enforcement of rights and
remedies in subsection (a), the rights and remedies set forth
in this Act may, in the case of an individual who is a
recording artist, be enforced by:
(1) the individual who is the recording artist; or
(2) a person who has entered into a contract for the
individual's exclusive personal services as a recording
artist or who has entered into a contract for an exclusive
license to distribute sound recordings that capture the
recording artist's audio performances.
(b) Each person described in paragraph (3) of subsection
(a) shall make a proportional accounting to, and shall act at
all times in good faith with respect to, any other person in
whom the rights being enforced have vested.
(Source: P.A. 90-747, eff. 1-1-99.)
(765 ILCS 1075/30)
Sec. 30. Limitations regarding use of an individual's
identity.
(a) A person may not use an individual's identity for
commercial purposes during the individual's lifetime without
having obtained previous written consent from the appropriate
person or persons specified in Section 20 of this Act or their
authorized representative.
(b) A person may not knowingly distribute, transmit, or

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make available to the general public a sound recording or
audiovisual work with actual knowledge that the work contains
an unauthorized digital replica.
(c) If an individual's death occurs after the effective
date of this Act, a person may not use that individual's
identity or digital replica in violation of this Act for
commercial purposes for 50 years after the date of the
individual's death without having obtained previous written
consent from the appropriate person or persons specified in
Section 20 of this Act.
(d) Any person who materially contributes to, induces, or
otherwise facilitates a violation of subsection (b) by another
person after having obtained actual knowledge that the other
person is infringing upon an individual's rights under this
Section may be found liable for the violation.
(e) Subsection (d) does not apply to a person that solely
transmits, stores, or provides access to data or software,
including interactive entertainment software, application
software providers, or cloud service providers with respect to
any unauthorized digital replica stored or transmitted at the
direction of a user of material that resides on a system or
network, if the person:
(1) does not have actual knowledge that the material
or an activity using the material on the system or network
is unauthorized;
(2) in the absence of such actual knowledge, does not

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willfully disregard facts or circumstances that would
create actual knowledge; or
(3) upon obtaining actual knowledge, facts or
circumstances that would create actual knowledge, or
written notification of claimed unauthorized activity,
acts expeditiously to remove or disable access to the
material that is the subject of infringing activity; if
the person does not personally have the ability to remove
or disable access to the material, the person acts
expeditiously to notify the person that has the ability to
remove or disable access to the material. As used in this
subsection, "expeditiously" has the same meaning as it
does in 17 U.S.C. 512.
(f) Subject to the limitations in subsection (e), all of
the elements of 17 U.S.C. 512 shall be incorporated mutatis
mutandis with respect to claims relating to unauthorized
digital replicas. This exemption shall apply without regard to
whether the unauthorized version infringes copyright.
(g) Nothing in this Act may be construed in a manner
inconsistent with 47 U.S.C. 230 or any other federal law.
(Source: P.A. 90-747, eff. 1-1-99.)
(765 ILCS 1075/35)
Sec. 35. Applicability.
(a) This Act applies to acts or events that take place
after the effective date of this Act.

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(b) Subsections (a) and (c) of Section 30 do This Act does
not apply to the following:
(1) use of an individual's identity in an attempt to
portray, describe, or impersonate that individual in a
live performance, a single and original work of fine art,
play, book, article, musical work, film, radio,
television, or other audio, visual, or audio-visual work,
provided that the performance, work, play, book, article,
or film does not constitute in and of itself a commercial
advertisement for a product, merchandise, goods, or
services;
(2) use of an individual's identity for non-commercial
purposes, including any news, public affairs, or sports
broadcast or account, or any political campaign;
(3) use of an individual's name in truthfully
identifying the person as the author of a particular work
or program or the performer in a particular performance;
(4) promotional materials, advertisements, or
commercial announcements for a use described under
paragraph (1), (2), or (3) of this subsection; or
(5) use of photographs, videotapes, and images by a
person, firm, or corporation practicing the profession of
photography ("professional photographer") to exhibit in or
about the professional photographer's place of business or
portfolio, specimens of the professional photographer's
work, unless the exhibition is continued by the

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professional photographer after written notice objecting
to the exhibition has been given by the individual
portrayed.
(c) Subsections (b) and (c) of Section 30 do not apply to
the use of identity or digital replicas in the following:
(1) news, public affairs, or a sports broadcast or
account, or any political campaign;
(2) for a purpose that has political, public interest,
educational, or newsworthy value, unless use of the
audiovisual digital replica is intended to create, and
does create, the false impression to a reasonable viewer
or listener that the work is an authentic recording in
which the individual participated;
(3) use of a digital replica to depict the individual
in a documentary, docudrama, or historical or biographical
audiovisual work, or any other representation of the
individual as such individual, regardless of the degree of
fictionalization, unless the use of the audiovisual
digital replica creates the false impression to a
reasonable viewer or listener that the digital replica is
an authentic recording or that the individual participated
in the work, including, for example, in a live performance
of a musical work an individual did not participate in;
(4) use of digital replica for the purposes of
comment, criticism, scholarship, satire, or parody; or
(5) promotional materials, advertisements, or

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