HB4875 EngrossedLRB103 38718 BDA 68855 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Right of Publicity Act is amended by
5changing Sections 5, 20, 30, and 35 as follows:
 
6    (765 ILCS 1075/5)
7    Sec. 5. Definitions. As used in this Act:
8    "Artificial intelligence" means a machine-based system
9that, for explicit or implicit objectives, infers, from the
10input it receives, how to generate outputs such as
11predictions, content, recommendations, or decisions that can
12influence physical or virtual environments. "Artificial
13intelligence" includes generative artificial intelligence.
14    "Commercial purpose" means the public use or holding out
15of an individual's identity (i) on or in connection with the
16offering for sale or sale of a product, merchandise, goods, or
17services; (ii) for purposes of advertising or promoting
18products, merchandise, goods, or services; or (iii) for the
19purpose of fundraising; or (iv) for the purposes of
20distributing, transmitting, or otherwise making available a
21sound recording or audiovisual work that contains a digital
22replica of an individual's identity with knowledge that use of
23the identity was not authorized by the individual.

 

 

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1    "Digital replica" means a newly created, electronic
2representation of the identity of an actual individual created
3using a computer, algorithm, software, tool, artificial
4intelligence, or other technology that is fixed in a sound
5recording or audiovisual work in which that individual did not
6actually perform or appear.
7    "Generative artificial intelligence" means an automated
8computing system that, when prompted with human prompts,
9descriptions, or queries, can produce outputs that simulate
10human-produced content, including, but not limited to, the
11following:
12        (1) textual outputs, such as short answers, essays,
13    poetry, or longer compositions or answers;
14        (2) image outputs, such as fine art, photographs,
15    conceptual art, diagrams, and other images;
16        (3) multimedia outputs, such as audio or video in the
17    form of compositions, songs, or short-form or long-form
18    audio or video; and
19        (4) other content that would be otherwise produced by
20    human means.
21    "Identity" means any attribute of an individual that
22serves to identify that individual to an ordinary, reasonable
23viewer or listener, including but not limited to, (i) name,
24(ii) signature, (iii) photograph, (iv) image, (v) likeness, or
25(vi) voice.
26    "Individual" means a living or deceased natural person,

 

 

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1regardless of whether the identity of that individual has been
2used for a commercial purpose during the individual's
3lifetime.
4    "Juristic person" means a partnership, trust, estate,
5corporation, unincorporated association, or other organization
6capable of suing and being sued in a court of law.
7    "Name" means the actual name or other name by which an
8individual is known that is intended to identify that
9individual.
10    "Person" means a natural or juristic person.
11    "Work of Fine Art" means (i) a visual rendition including,
12but not limited to, a painting, drawing, sculpture, mosaic,
13videotape, or photograph; (ii) a work of calligraphy; (iii) a
14work of graphic art including, but not limited to, an etching,
15lithograph, serigraph, or offset print; (iv) a craft work in
16materials including, but not limited to, clay, textile, fiber,
17wood, metal, plastic, or glass; or (v) a work in mixed media
18including, but not limited to, a collage, assemblage, or work
19consisting of any combination of items (i) through (iv).
20(Source: P.A. 90-747, eff. 1-1-99.)
 
21    (765 ILCS 1075/20)
22    Sec. 20. Enforcement of rights and remedies.
23    (a) The rights and remedies set forth in this Act may be
24exercised and enforced by:
25        (1) an individual or his or her authorized

 

 

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1    representative;
2        (2) a person to whom the recognized rights have been
3    transferred by written transfer under Section 15 of this
4    Act; or
5        (3) after the death of an individual who has not
6    transferred the recognized rights by written transfer
7    under this Act, any person or persons who possesses an
8    interest in those rights.
9    (a-5) In addition to the enforcement of rights and
10remedies in subsection (a), the rights and remedies set forth
11in this Act may, in the case of an individual who is a
12recording artist, enforced by:
13        (1) the individual who is the recording artist; or
14        (2) a person who has entered into a contract for the
15    individual's exclusive personal services as a recording
16    artist or who has entered into a contract for an exclusive
17    license to distribute sound recordings that capture the
18    recording artist's audio performances.
19    (b) Each person described in paragraph (3) of subsection
20(a) shall make a proportional accounting to, and shall act at
21all times in good faith with respect to, any other person in
22whom the rights being enforced have vested.
23(Source: P.A. 90-747, eff. 1-1-99.)
 
24    (765 ILCS 1075/30)
25    Sec. 30. Limitations regarding use of an individual's

 

 

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1identity.
2    (a) A person may not use an individual's identity for
3commercial purposes during the individual's lifetime without
4having obtained previous written consent from the appropriate
5person or persons specified in Section 20 of this Act or their
6authorized representative.
7    (b) If an individual's death occurs after the effective
8date of this Act, a person may not use that individual's
9identity for commercial purposes for 50 years after the date
10of the individual's death without having obtained previous
11written consent from the appropriate person or persons
12specified in Section 20 of this Act.
13    (c) Any person who materially contributes to, induces, or
14otherwise facilitates a violation of this Section by another
15person after having obtained knowledge that the other person
16is infringing upon an individual's rights under this Section
17may be found liable for the violation. This subsection (c)
18includes distributing, transmitting, or otherwise making
19available an algorithm, software, tool, or other technology
20service or device the primary purpose or function of which is
21to produce the identity of particular, identified individuals
22with the knowledge that distributing, transmitting, or
23otherwise making available that identity was not authorized by
24the individual.
25    (d) Subsection (c) shall not apply to a person that solely
26transmits or stores data or software, including any service

 

 

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1provider, with respect to any unauthorized digital replica by
2reason of the storage at the direction of a user of material
3that resides on a system or network, if the person:
4        (1)(A) does not have actual knowledge that the
5    material or an activity using the material on the system
6    or network is unauthorized;
7        (B) in the absence of such actual knowledge, is not
8    aware of facts or circumstances from which unauthorized
9    activity is apparent; or
10        (C) upon obtaining such knowledge or awareness, acts
11    expeditiously to remove, or disable access to, the
12    material; and
13        (2) does not receive a financial benefit directly
14    attributable to the unauthorized activity, in a case in
15    which the person has the right and ability to control such
16    activity; and
17        (3) upon notification of claimed unauthorized
18    activity, responds expeditiously to remove, or disable
19    access to, the material that is claimed to be infringing
20    or to be the subject of infringing activity.
21    All of the elements of 17 U.S.C. 512 shall be incorporated
22mutatis mutandis with respect to claims relating to
23unauthorized digital replicas. This exemption shall apply
24without regard to whether the unauthorized version infringes
25copyright.
26    (e) Nothing in this Act shall be construed in a manner

 

 

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1inconsistent with 47 U.S.C. 230 or any other federal law.
2(Source: P.A. 90-747, eff. 1-1-99.)
 
3    (765 ILCS 1075/35)
4    Sec. 35. Applicability.
5    (a) This Act applies to acts or events that take place
6after the effective date of this Act.
7    (b) This Act does not apply to the following:
8        (1) use of an individual's identity in an attempt to
9    portray, describe, or impersonate that individual in a
10    live performance, a single and original work of fine art,
11    play, book, article, musical work, film, radio,
12    television, or other audio, visual, or audio-visual work,
13    provided that the performance, work, play, book, article,
14    or film does not constitute in and of itself a commercial
15    purpose advertisement for a product, merchandise, goods,
16    or services;
17        (2) use of an individual's identity for non-commercial
18    purposes, including any news, public affairs, or sports
19    broadcast or account, or any political campaign;
20        (3) use of an individual's name in truthfully
21    identifying the person as the author of a particular work
22    or program or the performer in a particular performance;
23        (4) promotional materials, advertisements, or
24    commercial announcements for a use described under
25    paragraph (1), (2), or (3) of this subsection; or

 

 

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1        (5) use of photographs, videotapes, and images by a
2    person, firm, or corporation practicing the profession of
3    photography ("professional photographer") to exhibit in or
4    about the professional photographer's place of business or
5    portfolio, specimens of the professional photographer's
6    work, unless the exhibition is continued by the
7    professional photographer after written notice objecting
8    to the exhibition has been given by the individual
9    portrayed.
10(Source: P.A. 90-747, eff. 1-1-99.)