Bill Text: IL HB4762 | 2023-2024 | 103rd General Assembly | Chaptered

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Bill Title: Reinserts the provisions of the engrossed bill with the following changes. Provides that 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 does not include a reasonably specific description of the intended uses of the digital replica (rather than the provision does not clearly define and detail all of the proposed uses of the digital replica). Makes changes in provisions concerning collective bargaining agreements. Effective immediately.

Spectrum: Strong Partisan Bill (Democrat 18-1)

Status: (Passed) 2024-08-09 - Public Act . . . . . . . . . 103-0830 [HB4762 Detail]

Download: Illinois-2023-HB4762-Chaptered.html

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Public Act 103-0830
HB4762 Enrolled LRB103 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.