Bill Text: IL SB3325 | 2023-2024 | 103rd General Assembly | Introduced

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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: Moderate Partisan Bill (Democrat 24-3)

Status: (Introduced) 2024-04-19 - Rule 3-9(a) / Re-referred to Assignments [SB3325 Detail]

Download: Illinois-2023-SB3325-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3325 Introduced 2/7/2024, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED:
765 ILCS 1075/5
765 ILCS 1075/20
765 ILCS 1075/30
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".
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A BILL FOR
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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, and 30 as follows:
(765 ILCS 1075/5)
Sec. 5. Definitions. As used in this Act:
"Artificial intelligence" means a machine-based system
that can make predictions, recommendations, or decisions
influencing real or virtual environments for a given set of
human-defined objectives. "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; or (iv) for the purposes of
distributing, transmitting, or otherwise making available a
sound recording or audiovisual work that contains a simulated
or artificially created version of an individual's identity,
as a substitute for, in place of, or in a competitive fashion
with, a sound recording or audiovisual work the individual

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would otherwise have personally created using the individual's
identity.
"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
occurs in any medium, that is readily identifiable and
attributable to a particular individual, regardless of whether
the attribute contains the actual attribute of an individual,
a simulation of the attribute of an individual, or is created
through the use of artificial intelligence, and 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.

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"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.
"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:

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(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 exercise and 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 exercised and 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)

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