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1 | | AN ACT concerning civil law.
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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 5. The Right of Publicity Act is amended by |
5 | | changing Sections 5, 20, 30, and 35 as follows:
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6 | | (765 ILCS 1075/5) |
7 | | Sec. 5. Definitions. As used in this Act: |
8 | | "Artificial intelligence" means a machine-based system |
9 | | that, for explicit or implicit objectives, infers, from the |
10 | | input it receives, how to generate outputs such as |
11 | | predictions, content, recommendations, or decisions that can |
12 | | influence physical or virtual environments. "Artificial |
13 | | intelligence" includes generative artificial intelligence. |
14 | | "Commercial purpose" means the public use or holding out |
15 | | of an individual's identity (i) on or in connection with the |
16 | | offering for sale or sale of a product, merchandise, goods, or |
17 | | services; (ii) for purposes of advertising or promoting |
18 | | products, merchandise, goods, or services; or (iii) for the |
19 | | purpose of fundraising. |
20 | | "Application software provider" means a person providing a |
21 | | digital distribution service for other software applications |
22 | | and that allows users to search for and download such |
23 | | applications. |
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1 | | "Cloud service provider" means a cloud service provider as |
2 | | defined by 6 U.S.C. 650. |
3 | | "Digital replica" means a newly created, electronic |
4 | | representation of the voice, image, or likeness of an actual |
5 | | individual created using a computer, algorithm, software, |
6 | | tool, artificial intelligence, or other technology that is |
7 | | fixed in a sound recording or audiovisual work in which that |
8 | | individual did not actually perform or appear, and which a |
9 | | reasonable person would believe is that particular |
10 | | individual's voice, image, or likeness being imitated. |
11 | | "Generative artificial intelligence" means an automated |
12 | | computing system that, when prompted with human prompts, |
13 | | descriptions, or queries, can produce outputs that simulate |
14 | | human-produced content, including, but not limited to, the |
15 | | following: |
16 | | (1) textual outputs, such as short answers, essays, |
17 | | poetry, or longer compositions or answers; |
18 | | (2) image outputs, such as fine art, photographs, |
19 | | conceptual art, diagrams, and other images; |
20 | | (3) multimedia outputs, such as audio or video in the |
21 | | form of compositions, songs, or short-form or long-form |
22 | | audio or video; and |
23 | | (4) other content that would be otherwise produced by |
24 | | human means. |
25 | | "Identity" means any attribute of an individual that |
26 | | serves to identify that individual to an ordinary, reasonable |
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1 | | viewer or listener, including but not limited to : (i) name, |
2 | | (ii) signature, (iii) photograph, (iv) image, (v) likeness, or |
3 | | (vi) voice. |
4 | | "Individual" means a living or deceased natural person, |
5 | | regardless of whether the identity of that individual has been |
6 | | used for a commercial purpose during the individual's |
7 | | lifetime. |
8 | | "Juristic person" means a partnership, trust, estate, |
9 | | corporation, unincorporated association, or other organization |
10 | | capable of suing and being sued in a court of law. |
11 | | "Name" means the actual name or other name by which an |
12 | | individual is known that is intended to identify that |
13 | | individual. |
14 | | "Person" means a natural or juristic person. "Person" only |
15 | | includes a service provider under subsections (b) and (d) of |
16 | | Section 30 if the service provider created the unauthorized |
17 | | digital replica. "Person" does not include a data center, as |
18 | | defined by the Department of Commerce and Economic Opportunity |
19 | | Law of the Civil Administrative Code of Illinois, under |
20 | | subsections (b) and (d) of Section 30. |
21 | | "Service provider" means any entity offering broadband |
22 | | service as that term is used in Section 10 of the Broadband |
23 | | Advisory Council Act, a wireless carrier as defined by 47 |
24 | | U.S.C. 615b(4), or a telecommunication carrier as that term is |
25 | | used in Section 13-202 of the Public Utilities Act. |
26 | | "Unauthorized digital replica" means the use of a digital |
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1 | | replica of an individual without the consent of the |
2 | | appropriate person or persons identified in Section 20 or |
3 | | their authorized representative. |
4 | | "Work of Fine Art" means (i) a visual rendition including, |
5 | | but not limited to, a painting, drawing, sculpture, mosaic, |
6 | | videotape, or photograph; (ii) a work of calligraphy; (iii) a |
7 | | work of graphic art including, but not limited to, an etching, |
8 | | lithograph, serigraph, or offset print; (iv) a craft work in |
9 | | materials including, but not limited to, clay, textile, fiber, |
10 | | wood, metal, plastic, or glass; or (v) a work in mixed media |
11 | | including, but not limited to, a collage, assemblage, or work |
12 | | consisting of any combination of items (i) through (iv). |
13 | | (Source: P.A. 90-747, eff. 1-1-99.)
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14 | | (765 ILCS 1075/20) |
15 | | Sec. 20. Enforcement of rights and remedies. |
16 | | (a) The rights and remedies set forth in this Act may be |
17 | | exercised and enforced by: |
18 | | (1) an individual or his or her authorized |
19 | | representative; |
20 | | (2) a person to whom the recognized rights have been |
21 | | transferred by written transfer under Section 15 of this |
22 | | Act; or |
23 | | (3) after the death of an individual who has not |
24 | | transferred the recognized rights by written transfer |
25 | | under this Act, any person or persons who possesses an |
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1 | | interest in those rights. |
2 | | (a-5) In addition to the enforcement of rights and |
3 | | remedies in subsection (a), the rights and remedies set forth |
4 | | in this Act may, in the case of an individual who is a |
5 | | recording artist, be enforced by: |
6 | | (1) the individual who is the recording artist; or |
7 | | (2) a person who has entered into a contract for the |
8 | | individual's exclusive personal services as a recording |
9 | | artist or who has entered into a contract for an exclusive |
10 | | license to distribute sound recordings that capture the |
11 | | recording artist's audio performances. |
12 | | (b) Each person described in paragraph (3) of subsection |
13 | | (a) shall make a proportional accounting to, and shall act at |
14 | | all times in good faith with respect to, any other person in |
15 | | whom the rights being enforced have vested. |
16 | | (Source: P.A. 90-747, eff. 1-1-99.)
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17 | | (765 ILCS 1075/30) |
18 | | Sec. 30. Limitations regarding use of an individual's |
19 | | identity. |
20 | | (a) A person may not use an individual's identity for |
21 | | commercial purposes during the individual's lifetime without |
22 | | having obtained previous written consent from the appropriate |
23 | | person or persons specified in Section 20 of this Act or their |
24 | | authorized representative. |
25 | | (b) A person may not knowingly distribute, transmit, or |
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1 | | make available to the general public a sound recording or |
2 | | audiovisual work with actual knowledge that the work contains |
3 | | an unauthorized digital replica. |
4 | | (c) If an individual's death occurs after the effective |
5 | | date of this Act, a person may not use that individual's |
6 | | identity or digital replica in violation of this Act for |
7 | | commercial purposes for 50 years after the date of the |
8 | | individual's death without having obtained previous written |
9 | | consent from the appropriate person or persons specified in |
10 | | Section 20 of this Act. |
11 | | (d) Any person who materially contributes to, induces, or |
12 | | otherwise facilitates a violation of subsection (b) by another |
13 | | person after having obtained actual knowledge that the other |
14 | | person is infringing upon an individual's rights under this |
15 | | Section may be found liable for the violation. |
16 | | (e) Subsection (d) does not apply to a person that solely |
17 | | transmits, stores, or provides access to data or software, |
18 | | including interactive entertainment software, application |
19 | | software providers, or cloud service providers with respect to |
20 | | any unauthorized digital replica stored or transmitted at the |
21 | | direction of a user of material that resides on a system or |
22 | | network, if the person: |
23 | | (1) does not have actual knowledge that the material |
24 | | or an activity using the material on the system or network |
25 | | is unauthorized; |
26 | | (2) in the absence of such actual knowledge, does not |
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1 | | willfully disregard facts or circumstances that would |
2 | | create actual knowledge; or |
3 | | (3) upon obtaining actual knowledge, facts or |
4 | | circumstances that would create actual knowledge, or |
5 | | written notification of claimed unauthorized activity, |
6 | | acts expeditiously to remove or disable access to the |
7 | | material that is the subject of infringing activity; if |
8 | | the person does not personally have the ability to remove |
9 | | or disable access to the material, the person acts |
10 | | expeditiously to notify the person that has the ability to |
11 | | remove or disable access to the material. As used in this |
12 | | subsection, "expeditiously" has the same meaning as it |
13 | | does in 17 U.S.C. 512. |
14 | | (f) Subject to the limitations in subsection (e), all of |
15 | | the elements of 17 U.S.C. 512 shall be incorporated mutatis |
16 | | mutandis with respect to claims relating to unauthorized |
17 | | digital replicas. This exemption shall apply without regard to |
18 | | whether the unauthorized version infringes copyright. |
19 | | (g) Nothing in this Act may be construed in a manner |
20 | | inconsistent with 47 U.S.C. 230 or any other federal law. |
21 | | (Source: P.A. 90-747, eff. 1-1-99.)
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22 | | (765 ILCS 1075/35) |
23 | | Sec. 35. Applicability. |
24 | | (a) This Act applies to acts or events that take place |
25 | | after the effective date of this Act. |
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1 | | (b) Subsections (a) and (c) of Section 30 do This Act does |
2 | | not apply to the following: |
3 | | (1) use of an individual's identity in an attempt to |
4 | | portray, describe, or impersonate that individual in a |
5 | | live performance, a single and original work of fine art, |
6 | | play, book, article, musical work, film, radio, |
7 | | television, or other audio, visual, or audio-visual work, |
8 | | provided that the performance, work, play, book, article, |
9 | | or film does not constitute in and of itself a commercial |
10 | | advertisement for a product, merchandise, goods, or |
11 | | services; |
12 | | (2) use of an individual's identity for non-commercial |
13 | | purposes, including any news, public affairs, or sports |
14 | | broadcast or account, or any political campaign; |
15 | | (3) use of an individual's name in truthfully |
16 | | identifying the person as the author of a particular work |
17 | | or program or the performer in a particular performance; |
18 | | (4) promotional materials, advertisements, or |
19 | | commercial announcements for a use described under |
20 | | paragraph (1), (2), or (3) of this subsection; or |
21 | | (5) use of photographs, videotapes, and images by a |
22 | | person, firm, or corporation practicing the profession of |
23 | | photography ("professional photographer") to exhibit in or |
24 | | about the professional photographer's place of business or |
25 | | portfolio, specimens of the professional photographer's |
26 | | work, unless the exhibition is continued by the |
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1 | | professional photographer after written notice objecting |
2 | | to the exhibition has been given by the individual |
3 | | portrayed. |
4 | | (c) Subsections (b) and (c) of Section 30 do not apply to |
5 | | the use of identity or digital replicas in the following: |
6 | | (1) news, public affairs, or a sports broadcast or |
7 | | account, or any political campaign; |
8 | | (2) for a purpose that has political, public interest, |
9 | | educational, or newsworthy value, unless use of the |
10 | | audiovisual digital replica is intended to create, and |
11 | | does create, the false impression to a reasonable viewer |
12 | | or listener that the work is an authentic recording in |
13 | | which the individual participated; |
14 | | (3) use of a digital replica to depict the individual |
15 | | in a documentary, docudrama, or historical or biographical |
16 | | audiovisual work, or any other representation of the |
17 | | individual as such individual, regardless of the degree of |
18 | | fictionalization, unless the use of the audiovisual |
19 | | digital replica creates the false impression to a |
20 | | reasonable viewer or listener that the digital replica is |
21 | | an authentic recording or that the individual participated |
22 | | in the work, including, for example, in a live performance |
23 | | of a musical work an individual did not participate in; |
24 | | (4) use of digital replica for the purposes of |
25 | | comment, criticism, scholarship, satire, or parody; or |
26 | | (5) promotional materials, advertisements, or |