Public Act 103-0836

HB4875 Enrolled LRB103 38718 BDA 68855 b

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.

"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

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

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

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

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

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.)