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Public Act 103-0830


 

Public Act 0830 103RD GENERAL ASSEMBLY

 


 
Public Act 103-0830
 
HB4762 EnrolledLRB103 37878 SPS 68009 b

    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.

Effective Date: 8/9/2024