HB3178 EngrossedLRB104 10229 SPS 20303 b

1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 5. The Digital Voice and Likeness Protection Act 
5is amended by changing Section 10 as follows:
 
6    (815 ILCS 550/10)
7    Sec. 10. Unenforceable agreements.
8    (a) A provision in an agreement between an individual and 
9any other person for the performance of personal or 
10professional services is contrary to public policy and is 
11deemed unenforceable only as it relates to a new performance, 
12fixed on or after January 1, 2026, by a digital replica of an 
13individual if the provision meets all of the following 
14conditions:
15        (1) the provision allows for the creation and use of a 
16    digital replica of the individual's voice or likeness in 
17    place of work the individual would otherwise have 
18    performed in person;
19        (2) the provision does not include a reasonably 
20    specific description of the intended uses of the digital 
21    replica; and
22        (3) the individual was not either:
23            (A) represented by legal counsel who negotiated on 
 
 
HB3178 Engrossed- 2 -LRB104 10229 SPS 20303 b

1        behalf of the individual licensing his or her digital 
2        replica rights and the licensing terms governing the 
3        use of the applicable digital replica exist in a 
4        written agreement; or
5            (B) represented by a labor union representing 
6        workers who do the proposed work and the terms of the 
7        labor union's individual's collective bargaining 
8        agreement expressly covers uses of digital replicas as 
9        that term is defined in this Act or in the individual's 
10        collective bargaining agreement.
11    (b) The failure to include a reasonably specific 
12description of the intended uses of a digital replica as 
13described in paragraph (2) of subsection (a) shall not render 
14a provision in an agreement unenforceable when the uses of the 
15digital replica are consistent with the terms of the contract 
16for the performance of personal or professional services and 
17the fundamental character of the photography or sound track as 
18recorded or performed.
19    (c) This Section does not affect any provision of a 
20contract other than a provision described in subsection (a) 
21and does not impact, abrogate, or otherwise affect any 
22exclusivity grants contained in, or related to, a provision 
23subject to subsection (a). 
24(Source: P.A. 103-830, eff. 8-9-24.)
 
25    Section 99. Effective date. This Act takes effect January 
261, 2026.