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HB3178 - 104th General Assembly
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| 1 | AN ACT concerning business. | ||||||
| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly: | ||||||
| 4 | Section 5. The Digital Voice and Likeness Protection Act | ||||||
| 5 | is 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 | ||||||
| 9 | any other person for the performance of personal or | ||||||
| 10 | professional services is contrary to public policy and is | ||||||
| 11 | deemed unenforceable only as it relates to a new performance, | ||||||
| 12 | fixed on or after January 1, 2026, by a digital replica of an | ||||||
| 13 | individual if the provision meets all of the following | ||||||
| 14 | conditions: | ||||||
| 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 | ||||||
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| 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 | ||||||
| 12 | description of the intended uses of a digital replica as | ||||||
| 13 | described in paragraph (2) of subsection (a) shall not render | ||||||
| 14 | a provision in an agreement unenforceable when the uses of the | ||||||
| 15 | digital replica are consistent with the terms of the contract | ||||||
| 16 | for the performance of personal or professional services and | ||||||
| 17 | the fundamental character of the photography or sound track as | ||||||
| 18 | recorded or performed. | ||||||
| 19 | (c) This Section does not affect any provision of a | ||||||
| 20 | contract other than a provision described in subsection (a) | ||||||
| 21 | and does not impact, abrogate, or otherwise affect any | ||||||
| 22 | exclusivity grants contained in, or related to, a provision | ||||||
| 23 | subject to subsection (a). | ||||||
| 24 | (Source: P.A. 103-830, eff. 8-9-24.) | ||||||
| 25 | Section 99. Effective date. This Act takes effect January | ||||||
| 26 | 1, 2026. | ||||||