Bill Text: IL HB4762 | 2023-2024 | 103rd General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
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1 | AN ACT concerning business.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | |||||||||||||||||||
5 | Digital Voice and Likeness Protection Act.
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6 | Section 5. Unenforceable agreements. | |||||||||||||||||||
7 | (a) A provision in an agreement between an individual and | |||||||||||||||||||
8 | any other person for the performance of personal or | |||||||||||||||||||
9 | professional services is contrary to public policy and is | |||||||||||||||||||
10 | deemed unenforceable if the provision meets all of the | |||||||||||||||||||
11 | following conditions: | |||||||||||||||||||
12 | (1) the provision allows for the creation and use of a | |||||||||||||||||||
13 | digital replica of the individual's voice or likeness in | |||||||||||||||||||
14 | place of work the individual would otherwise have | |||||||||||||||||||
15 | performed in person; | |||||||||||||||||||
16 | (2) the provision does not clearly define and detail | |||||||||||||||||||
17 | all of the proposed uses of the digital replica or the | |||||||||||||||||||
18 | generative artificial intelligence system; and | |||||||||||||||||||
19 | (3) the individual was not represented in either of | |||||||||||||||||||
20 | the following manners: | |||||||||||||||||||
21 | (A) represented by legal counsel who negotiated on | |||||||||||||||||||
22 | behalf of the individual licensing his or her digital | |||||||||||||||||||
23 | replica rights and the licensing terms exist in a |
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1 | standalone written agreement; or | ||||||
2 | (B) represented by a labor union representing | ||||||
3 | workers who do the proposed work and the terms of his | ||||||
4 | or her collective bargaining agreement expressly | ||||||
5 | covers uses of digital replicas and generative | ||||||
6 | artificial intelligence systems. | ||||||
7 | (b) This Act shall apply retroactively. | ||||||
8 | (c) Any person who is currently under, or has entered | ||||||
9 | into, an agreement with an individual performing personal or | ||||||
10 | professional services containing a provision as described in | ||||||
11 | subsection (a) shall notify that individual in writing that | ||||||
12 | the provision is unenforceable by January 1, 2025.
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