Illinois 2023-2024 Regular Session

Illinois House Bill HB4762 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	Public Act 103-0830
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3	2		HB4762 Enrolled LRB103 37878 SPS 68009 b
4		-	AN ACT concerning business.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 1. Short title. This Act may be cited as the
8		-	Digital Voice and Likeness Protection Act.
9		-	Section 5. Definitions.
10		-	"Artificial intelligence" means a machine-based system
11		-	that, for explicit or implicit objectives, infers, from the
12		-	input it receives, how to generate outputs such as
13		-	predictions, content, recommendations, or decisions that can
14		-	influence physical or virtual environments. "Artificial
15		-	intelligence" includes generative artificial intelligence.
16		-	"Digital replica" means a newly created, electronic
17		-	representation of the identity of an actual individual created
18		-	using a computer, algorithm, software, tool, artificial
19		-	intelligence, or other technology that is fixed in a sound
20		-	recording or audiovisual work in which that individual did not
21		-	actually perform or appear and that is so realistic that a
22		-	reasonable observer would believe it is a performance by the
23		-	individual being portrayed and no other individual.
24		-	"Generative artificial intelligence" means an automated
25		-	computing system that, when prompted with human prompts,
26		-	descriptions, or queries, can produce outputs that simulate
	3	+	1 AN ACT concerning business.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 1. Short title. This Act may be cited as the
	7	+	5 Digital Voice and Likeness Protection Act.
	8	+	6 Section 5. Definitions.
	9	+	7 "Artificial intelligence" means a machine-based system
	10	+	8 that, for explicit or implicit objectives, infers, from the
	11	+	9 input it receives, how to generate outputs such as
	12	+	10 predictions, content, recommendations, or decisions that can
	13	+	11 influence physical or virtual environments. "Artificial
	14	+	12 intelligence" includes generative artificial intelligence.
	15	+	13 "Digital replica" means a newly created, electronic
	16	+	14 representation of the identity of an actual individual created
	17	+	15 using a computer, algorithm, software, tool, artificial
	18	+	16 intelligence, or other technology that is fixed in a sound
	19	+	17 recording or audiovisual work in which that individual did not
	20	+	18 actually perform or appear and that is so realistic that a
	21	+	19 reasonable observer would believe it is a performance by the
	22	+	20 individual being portrayed and no other individual.
	23	+	21 "Generative artificial intelligence" means an automated
	24	+	22 computing system that, when prompted with human prompts,
	25	+	23 descriptions, or queries, can produce outputs that simulate
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33		-	human-produced content, including, but not limited to, the
34		-	following:
35		-	(1) textual outputs, such as short answers, essays,
36		-	poetry, or longer compositions or answers;
37		-	(2) image outputs, such as fine art, photographs,
38		-	conceptual art, diagrams, and other images;
39		-	(3) multimedia outputs, such as audio or video in the
40		-	form of compositions, songs, or short-form or long-form
41		-	audio or video; and
42		-	(4) other content that would be otherwise produced by
43		-	human means.
44		-	Section 10. Unenforceable agreements.
45		-	(a) A provision in an agreement between an individual and
46		-	any other person for the performance of personal or
47		-	professional services is contrary to public policy and is
48		-	deemed unenforceable if the provision meets all of the
49		-	following conditions:
50		-	(1) the provision allows for the creation and use of a
51		-	digital replica of the individual's voice or likeness in
52		-	place of work the individual would otherwise have
53		-	performed in person;
54		-	(2) the provision does not include a reasonably
55		-	specific description of the intended uses of the digital
56		-	replica; and
57		-	(3) the individual was not either:
	32	+	HB4762 Enrolled- 2 -LRB103 37878 SPS 68009 b HB4762 Enrolled - 2 - LRB103 37878 SPS 68009 b
	33	+	HB4762 Enrolled - 2 - LRB103 37878 SPS 68009 b
	34	+	1 human-produced content, including, but not limited to, the
	35	+	2 following:
	36	+	3 (1) textual outputs, such as short answers, essays,
	37	+	4 poetry, or longer compositions or answers;
	38	+	5 (2) image outputs, such as fine art, photographs,
	39	+	6 conceptual art, diagrams, and other images;
	40	+	7 (3) multimedia outputs, such as audio or video in the
	41	+	8 form of compositions, songs, or short-form or long-form
	42	+	9 audio or video; and
	43	+	10 (4) other content that would be otherwise produced by
	44	+	11 human means.
	45	+	12 Section 10. Unenforceable agreements.
	46	+	13 (a) A provision in an agreement between an individual and
	47	+	14 any other person for the performance of personal or
	48	+	15 professional services is contrary to public policy and is
	49	+	16 deemed unenforceable if the provision meets all of the
	50	+	17 following conditions:
	51	+	18 (1) the provision allows for the creation and use of a
	52	+	19 digital replica of the individual's voice or likeness in
	53	+	20 place of work the individual would otherwise have
	54	+	21 performed in person;
	55	+	22 (2) the provision does not include a reasonably
	56	+	23 specific description of the intended uses of the digital
	57	+	24 replica; and
	58	+	25 (3) the individual was not either:
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60		-	(A) represented by legal counsel who negotiated on
61		-	behalf of the individual licensing his or her digital
62		-	replica rights and the licensing terms governing the
63		-	use of the applicable digital replica exist in a
64		-	written agreement; or
65		-	(B) represented by a labor union representing
66		-	workers who do the proposed work and the terms of the
67		-	individual's collective bargaining agreement expressly
68		-	covers uses of digital replicas as that term is
69		-	defined in this Act or in the individual's collective
70		-	bargaining agreement.
71		-	Section 15. Application. This Act applies to agreements
72		-	entered into after the effective date of this Act.
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	69	+	1 (A) represented by legal counsel who negotiated on
	70	+	2 behalf of the individual licensing his or her digital
	71	+	3 replica rights and the licensing terms governing the
	72	+	4 use of the applicable digital replica exist in a
	73	+	5 written agreement; or
	74	+	6 (B) represented by a labor union representing
	75	+	7 workers who do the proposed work and the terms of the
	76	+	8 individual's collective bargaining agreement expressly
	77	+	9 covers uses of digital replicas as that term is
	78	+	10 defined in this Act or in the individual's collective
	79	+	11 bargaining agreement.
	80	+	12 Section 15. Application. This Act applies to agreements
	81	+	13 entered into after the effective date of this Act.
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	87	+	HB4762 Enrolled - 3 - LRB103 37878 SPS 68009 b