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| Public Act 103-0830 | ||||
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AN ACT concerning business. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 1. Short title. This Act may be cited as the | ||||
Digital Voice and Likeness Protection Act. | ||||
Section 5. Definitions. | ||||
"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. | ||||
"Digital replica" means a newly created, electronic | ||||
representation of the identity 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 that is so realistic that a | ||||
reasonable observer would believe it is a performance by the | ||||
individual being portrayed and no other individual. | ||||
"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. | ||
Section 10. Unenforceable agreements. | ||
(a) A provision in an agreement between an individual and | ||
any other person for the performance of personal or | ||
professional services is contrary to public policy and is | ||
deemed unenforceable if the provision meets all of the | ||
following conditions: | ||
(1) the provision allows for the creation and use of a | ||
digital replica of the individual's voice or likeness in | ||
place of work the individual would otherwise have | ||
performed in person; | ||
(2) the provision does not include a reasonably | ||
specific description of the intended uses of the digital | ||
replica; and | ||
(3) the individual was not either: | ||
(A) represented by legal counsel who negotiated on | ||
behalf of the individual licensing his or her digital | ||
replica rights and the licensing terms governing the | ||
use of the applicable digital replica exist in a | ||
written agreement; or | ||
(B) represented by a labor union representing | ||
workers who do the proposed work and the terms of the | ||
individual's collective bargaining agreement expressly | ||
covers uses of digital replicas as that term is | ||
defined in this Act or in the individual's collective | ||
bargaining agreement. | ||
Section 15. Application. This Act applies to agreements | ||
entered into after the effective date of this Act. | ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||