103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4875 Introduced , by Rep. Jennifer Gong-Gershowitz SYNOPSIS AS INTRODUCED: 765 ILCS 1075/5765 ILCS 1075/20765 ILCS 1075/30 Amends the Right of Publicity Act. Grants additional enforcement rights and remedies to recording artists. Provides for the liability of any person who materially contributes to, induces, or otherwise facilitates a violation of a specified provision of the Act by another party after having reason to know that the other party is in violation. Defines "artificial intelligence" and "generative artificial intelligence". Changes the definition of "commercial purpose" and "identity". LRB103 38718 BDA 68855 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4875 Introduced , by Rep. Jennifer Gong-Gershowitz SYNOPSIS AS INTRODUCED: 765 ILCS 1075/5765 ILCS 1075/20765 ILCS 1075/30 765 ILCS 1075/5 765 ILCS 1075/20 765 ILCS 1075/30 Amends the Right of Publicity Act. Grants additional enforcement rights and remedies to recording artists. Provides for the liability of any person who materially contributes to, induces, or otherwise facilitates a violation of a specified provision of the Act by another party after having reason to know that the other party is in violation. Defines "artificial intelligence" and "generative artificial intelligence". Changes the definition of "commercial purpose" and "identity". LRB103 38718 BDA 68855 b LRB103 38718 BDA 68855 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4875 Introduced , by Rep. Jennifer Gong-Gershowitz SYNOPSIS AS INTRODUCED:
765 ILCS 1075/5765 ILCS 1075/20765 ILCS 1075/30 765 ILCS 1075/5 765 ILCS 1075/20 765 ILCS 1075/30
765 ILCS 1075/5
765 ILCS 1075/20
765 ILCS 1075/30
Amends the Right of Publicity Act. Grants additional enforcement rights and remedies to recording artists. Provides for the liability of any person who materially contributes to, induces, or otherwise facilitates a violation of a specified provision of the Act by another party after having reason to know that the other party is in violation. Defines "artificial intelligence" and "generative artificial intelligence". Changes the definition of "commercial purpose" and "identity".
LRB103 38718 BDA 68855 b LRB103 38718 BDA 68855 b
LRB103 38718 BDA 68855 b
A BILL FOR
HB4875LRB103 38718 BDA 68855 b HB4875 LRB103 38718 BDA 68855 b
HB4875 LRB103 38718 BDA 68855 b
1 AN ACT concerning civil law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Right of Publicity Act is amended by
5 changing Sections 5, 20, and 30 as follows:
6 (765 ILCS 1075/5)
7 Sec. 5. Definitions. As used in this Act:
8 "Artificial intelligence" means a machine-based system
9 that can make predictions, recommendations, or decisions
10 influencing real or virtual environments for a given set of
11 human-defined objectives. "Artificial intelligence" includes
12 generative artificial intelligence.
13 "Commercial purpose" means the public use or holding out
14 of an individual's identity (i) on or in connection with the
15 offering for sale or sale of a product, merchandise, goods, or
16 services; (ii) for purposes of advertising or promoting
17 products, merchandise, goods, or services; or (iii) for the
18 purpose of fundraising; or (iv) for the purposes of
19 distributing, transmitting, or otherwise making available a
20 sound recording or audiovisual work that contains a simulated
21 or artificially created version of an individual's identity,
22 as a substitute for, in place of, or in a competitive fashion
23 with, a sound recording or audiovisual work the individual
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4875 Introduced , by Rep. Jennifer Gong-Gershowitz SYNOPSIS AS INTRODUCED:
765 ILCS 1075/5765 ILCS 1075/20765 ILCS 1075/30 765 ILCS 1075/5 765 ILCS 1075/20 765 ILCS 1075/30
765 ILCS 1075/5
765 ILCS 1075/20
765 ILCS 1075/30
Amends the Right of Publicity Act. Grants additional enforcement rights and remedies to recording artists. Provides for the liability of any person who materially contributes to, induces, or otherwise facilitates a violation of a specified provision of the Act by another party after having reason to know that the other party is in violation. Defines "artificial intelligence" and "generative artificial intelligence". Changes the definition of "commercial purpose" and "identity".
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LRB103 38718 BDA 68855 b
A BILL FOR
765 ILCS 1075/5
765 ILCS 1075/20
765 ILCS 1075/30
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1 would otherwise have personally created using the individual's
2 identity.
3 "Generative artificial intelligence" means an automated
4 computing system that, when prompted with human prompts,
5 descriptions, or queries, can produce outputs that simulate
6 human-produced content, including, but not limited to, the
7 following:
8 (1) textual outputs, such as short answers, essays,
9 poetry, or longer compositions or answers;
10 (2) image outputs, such as fine art, photographs,
11 conceptual art, diagrams, and other images;
12 (3) multimedia outputs, such as audio or video in the
13 form of compositions, songs, or short-form or long-form
14 audio or video; and
15 (4) other content that would be otherwise produced by
16 human means.
17 "Identity" means any attribute of an individual that
18 occurs in any medium, that is readily identifiable and
19 attributable to a particular individual, regardless of whether
20 the attribute contains the actual attribute of an individual,
21 a simulation of the attribute of an individual, or is created
22 through the use of artificial intelligence, and that serves to
23 identify that individual to an ordinary, reasonable viewer or
24 listener, including but not limited to, (i) name, (ii)
25 signature, (iii) photograph, (iv) image, (v) likeness, or (vi)
26 voice.
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1 "Individual" means a living or deceased natural person,
2 regardless of whether the identity of that individual has been
3 used for a commercial purpose during the individual's
4 lifetime.
5 "Juristic person" means a partnership, trust, estate,
6 corporation, unincorporated association, or other organization
7 capable of suing and being sued in a court of law.
8 "Name" means the actual name or other name by which an
9 individual is known that is intended to identify that
10 individual.
11 "Person" means a natural or juristic person.
12 "Work of Fine Art" means (i) a visual rendition including,
13 but not limited to, a painting, drawing, sculpture, mosaic,
14 videotape, or photograph; (ii) a work of calligraphy; (iii) a
15 work of graphic art including, but not limited to, an etching,
16 lithograph, serigraph, or offset print; (iv) a craft work in
17 materials including, but not limited to, clay, textile, fiber,
18 wood, metal, plastic, or glass; or (v) a work in mixed media
19 including, but not limited to, a collage, assemblage, or work
20 consisting of any combination of items (i) through (iv).
21 (Source: P.A. 90-747, eff. 1-1-99.)
22 (765 ILCS 1075/20)
23 Sec. 20. Enforcement of rights and remedies.
24 (a) The rights and remedies set forth in this Act may be
25 exercised and enforced by:
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1 (1) an individual or his or her authorized
2 representative;
3 (2) a person to whom the recognized rights have been
4 transferred by written transfer under Section 15 of this
5 Act; or
6 (3) after the death of an individual who has not
7 transferred the recognized rights by written transfer
8 under this Act, any person or persons who possesses an
9 interest in those rights.
10 (a-5) In addition to the exercise and enforcement of
11 rights and remedies in subsection (a), the rights and remedies
12 set forth in this Act may, in the case of an individual who is
13 a recording artist, be exercised and enforced by:
14 (1) the individual who is the recording artist; or
15 (2) a person who has entered into a contract for the
16 individual's exclusive personal services as a recording
17 artist or who has entered into a contract for an exclusive
18 license to distribute sound recordings that capture the
19 recording artist's audio performances.
20 (b) Each person described in paragraph (3) of subsection
21 (a) shall make a proportional accounting to, and shall act at
22 all times in good faith with respect to, any other person in
23 whom the rights being enforced have vested.
24 (Source: P.A. 90-747, eff. 1-1-99.)
25 (765 ILCS 1075/30)
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