ILL LEG Unauthorized Digital Replicas


On May 24, ILL LEG issued bill prohibiting unauthorized digital replicas


  • ILL LEG passed bill HB 4875 amending the Right of Publicity Act regarding use of AI.
  • Amends ILL LEG 765-1075-5, definitions; ILL LEG 765-1075-20, re enforcement of rights, ILL LEG 765-1075-30 re use of identity, and ILL LEG 765-1075-35, applicability.
  • Bill Provisions
  • Prohibits distributing, transmitting, or making available to the general public a sound recording/audiovisual work containing an unauthorized digital replica of an individual.
  • Provides that this liability does not apply to the use of identity or digital replica in the news, public affairs, or a sports broadcast or account, or in any political campaign.
  • Not for a purpose that has political, public interest, educational, or newsworthy value.
  • Unless use of the audiovisual digital replica is intended to create, or does create, false impression that the work is an authentic recording in which the individual participated.
  • Also does not apply to a digital replica to depict the individual in a documentary, docudrama, or historical or biographical audiovisual work, unless appears authentic.
  • Not for digital replica for purposes of comment, criticism, scholarship, satire, or parody
  • Also does not apply to certain promotional materials, advertisements, or commercials.
  • Legislative History
  • On Feb. 7, 2024, bill introduced in House; on Apr. 18, 2024, bill passed in House.
  • On Apr. 19, 2024, bill introduced in Senate; on May 17, 2024, bill passed in Senate.
  • On May 24, 2024, House concurred with amendments, bill passed both chambers.
  • Effectiveness
  • If enacted, bill comes into effect on Jan. 1, 2025.
  • Aug. 2024 ILL LEG Governor Approval
  • On Aug. 9, 2024, ILL LEG governor approved HB 4875, assigned Public Act 103-0836.

Regulators ILL LEG
Entity Types Corp
Reference Act 103-0836, 8/9/2024; Bill HB4875, 5/24/2024; Citation: *ILL LEG* 765-1075-5, 765-1075-20, 765-1075-30, 765-1075-35;
Functions Compliance; Legal; Operations; Reporting; Technology
Countries United States of America
Category
State
Products AI; Corporate
Regions Am
Rule Type Final
Rule Date 5/24/2024
Effective Date 1/1/2025
Rule Id 213569
Linked to N/A
Reg. Last Update 8/9/2024
Report Section US Consumer

Last substantive update on 08/19/2024