Illinois 2023-2024 Regular Session

Illinois House Bill HB4875 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0836
2	1		HB4875 EnrolledLRB103 38718 BDA 68855 b HB4875 Enrolled LRB103 38718 BDA 68855 b
3	2		HB4875 Enrolled LRB103 38718 BDA 68855 b
4		-	AN ACT concerning civil law.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Right of Publicity Act is amended by
8		-	changing Sections 5, 20, 30, and 35 as follows:
9		-	(765 ILCS 1075/5)
10		-	Sec. 5. Definitions. As used in this Act:
11		-	"Artificial intelligence" means a machine-based system
12		-	that, for explicit or implicit objectives, infers, from the
13		-	input it receives, how to generate outputs such as
14		-	predictions, content, recommendations, or decisions that can
15		-	influence physical or virtual environments. "Artificial
16		-	intelligence" includes generative artificial intelligence.
17		-	"Commercial purpose" means the public use or holding out
18		-	of an individual's identity (i) on or in connection with the
19		-	offering for sale or sale of a product, merchandise, goods, or
20		-	services; (ii) for purposes of advertising or promoting
21		-	products, merchandise, goods, or services; or (iii) for the
22		-	purpose of fundraising.
23		-	"Application software provider" means a person providing a
24		-	digital distribution service for other software applications
25		-	and that allows users to search for and download such
26		-	applications.
	3	+	1 AN ACT concerning civil law.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Right of Publicity Act is amended by
	7	+	5 changing Sections 5, 20, 30, and 35 as follows:
	8	+	6 (765 ILCS 1075/5)
	9	+	7 Sec. 5. Definitions. As used in this Act:
	10	+	8 "Artificial intelligence" means a machine-based system
	11	+	9 that, for explicit or implicit objectives, infers, from the
	12	+	10 input it receives, how to generate outputs such as
	13	+	11 predictions, content, recommendations, or decisions that can
	14	+	12 influence physical or virtual environments. "Artificial
	15	+	13 intelligence" includes generative artificial intelligence.
	16	+	14 "Commercial purpose" means the public use or holding out
	17	+	15 of an individual's identity (i) on or in connection with the
	18	+	16 offering for sale or sale of a product, merchandise, goods, or
	19	+	17 services; (ii) for purposes of advertising or promoting
	20	+	18 products, merchandise, goods, or services; or (iii) for the
	21	+	19 purpose of fundraising.
	22	+	20 "Application software provider" means a person providing a
	23	+	21 digital distribution service for other software applications
	24	+	22 and that allows users to search for and download such
	25	+	23 applications.
27	26
28	27
29	28
30	29		HB4875 Enrolled LRB103 38718 BDA 68855 b
31	30
32	31
33		-	"Cloud service provider" means a cloud service provider as
34		-	defined by 6 U.S.C. 650.
35		-	"Digital replica" means a newly created, electronic
36		-	representation of the voice, image, or likeness of an actual
37		-	individual created using a computer, algorithm, software,
38		-	tool, artificial intelligence, or other technology that is
39		-	fixed in a sound recording or audiovisual work in which that
40		-	individual did not actually perform or appear, and which a
41		-	reasonable person would believe is that particular
42		-	individual's voice, image, or likeness being imitated.
43		-	"Generative artificial intelligence" means an automated
44		-	computing system that, when prompted with human prompts,
45		-	descriptions, or queries, can produce outputs that simulate
46		-	human-produced content, including, but not limited to, the
47		-	following:
48		-	(1) textual outputs, such as short answers, essays,
49		-	poetry, or longer compositions or answers;
50		-	(2) image outputs, such as fine art, photographs,
51		-	conceptual art, diagrams, and other images;
52		-	(3) multimedia outputs, such as audio or video in the
53		-	form of compositions, songs, or short-form or long-form
54		-	audio or video; and
55		-	(4) other content that would be otherwise produced by
56		-	human means.
57		-	"Identity" means any attribute of an individual that
58		-	serves to identify that individual to an ordinary, reasonable
	32	+	HB4875 Enrolled- 2 -LRB103 38718 BDA 68855 b HB4875 Enrolled - 2 - LRB103 38718 BDA 68855 b
	33	+	HB4875 Enrolled - 2 - LRB103 38718 BDA 68855 b
	34	+	1 "Cloud service provider" means a cloud service provider as
	35	+	2 defined by 6 U.S.C. 650.
	36	+	3 "Digital replica" means a newly created, electronic
	37	+	4 representation of the voice, image, or likeness of an actual
	38	+	5 individual created using a computer, algorithm, software,
	39	+	6 tool, artificial intelligence, or other technology that is
	40	+	7 fixed in a sound recording or audiovisual work in which that
	41	+	8 individual did not actually perform or appear, and which a
	42	+	9 reasonable person would believe is that particular
	43	+	10 individual's voice, image, or likeness being imitated.
	44	+	11 "Generative artificial intelligence" means an automated
	45	+	12 computing system that, when prompted with human prompts,
	46	+	13 descriptions, or queries, can produce outputs that simulate
	47	+	14 human-produced content, including, but not limited to, the
	48	+	15 following:
	49	+	16 (1) textual outputs, such as short answers, essays,
	50	+	17 poetry, or longer compositions or answers;
	51	+	18 (2) image outputs, such as fine art, photographs,
	52	+	19 conceptual art, diagrams, and other images;
	53	+	20 (3) multimedia outputs, such as audio or video in the
	54	+	21 form of compositions, songs, or short-form or long-form
	55	+	22 audio or video; and
	56	+	23 (4) other content that would be otherwise produced by
	57	+	24 human means.
	58	+	25 "Identity" means any attribute of an individual that
	59	+	26 serves to identify that individual to an ordinary, reasonable
59	60
60	61
61		-	viewer or listener, including but not limited to: (i) name,
62		-	(ii) signature, (iii) photograph, (iv) image, (v) likeness, or
63		-	(vi) voice.
64		-	"Individual" means a living or deceased natural person,
65		-	regardless of whether the identity of that individual has been
66		-	used for a commercial purpose during the individual's
67		-	lifetime.
68		-	"Juristic person" means a partnership, trust, estate,
69		-	corporation, unincorporated association, or other organization
70		-	capable of suing and being sued in a court of law.
71		-	"Name" means the actual name or other name by which an
72		-	individual is known that is intended to identify that
73		-	individual.
74		-	"Person" means a natural or juristic person. "Person" only
75		-	includes a service provider under subsections (b) and (d) of
76		-	Section 30 if the service provider created the unauthorized
77		-	digital replica. "Person" does not include a data center, as
78		-	defined by the Department of Commerce and Economic Opportunity
79		-	Law of the Civil Administrative Code of Illinois, under
80		-	subsections (b) and (d) of Section 30.
81		-	"Service provider" means any entity offering broadband
82		-	service as that term is used in Section 10 of the Broadband
83		-	Advisory Council Act, a wireless carrier as defined by 47
84		-	U.S.C. 615b(4), or a telecommunication carrier as that term is
85		-	used in Section 13-202 of the Public Utilities Act.
86		-	"Unauthorized digital replica" means the use of a digital
87	62
88	63
89		-	replica of an individual without the consent of the
90		-	appropriate person or persons identified in Section 20 or
91		-	their authorized representative.
92		-	"Work of Fine Art" means (i) a visual rendition including,
93		-	but not limited to, a painting, drawing, sculpture, mosaic,
94		-	videotape, or photograph; (ii) a work of calligraphy; (iii) a
95		-	work of graphic art including, but not limited to, an etching,
96		-	lithograph, serigraph, or offset print; (iv) a craft work in
97		-	materials including, but not limited to, clay, textile, fiber,
98		-	wood, metal, plastic, or glass; or (v) a work in mixed media
99		-	including, but not limited to, a collage, assemblage, or work
100		-	consisting of any combination of items (i) through (iv).
101		-	(Source: P.A. 90-747, eff. 1-1-99.)
102		-	(765 ILCS 1075/20)
103		-	Sec. 20. Enforcement of rights and remedies.
104		-	(a) The rights and remedies set forth in this Act may be
105		-	exercised and enforced by:
106		-	(1) an individual or his or her authorized
107		-	representative;
108		-	(2) a person to whom the recognized rights have been
109		-	transferred by written transfer under Section 15 of this
110		-	Act; or
111		-	(3) after the death of an individual who has not
112		-	transferred the recognized rights by written transfer
113		-	under this Act, any person or persons who possesses an
	64	+
	65	+	HB4875 Enrolled - 2 - LRB103 38718 BDA 68855 b
114	66
115	67
116		-	interest in those rights.
117		-	(a-5) In addition to the enforcement of rights and
118		-	remedies in subsection (a), the rights and remedies set forth
119		-	in this Act may, in the case of an individual who is a
120		-	recording artist, be enforced by:
121		-	(1) the individual who is the recording artist; or
122		-	(2) a person who has entered into a contract for the
123		-	individual's exclusive personal services as a recording
124		-	artist or who has entered into a contract for an exclusive
125		-	license to distribute sound recordings that capture the
126		-	recording artist's audio performances.
127		-	(b) Each person described in paragraph (3) of subsection
128		-	(a) shall make a proportional accounting to, and shall act at
129		-	all times in good faith with respect to, any other person in
130		-	whom the rights being enforced have vested.
131		-	(Source: P.A. 90-747, eff. 1-1-99.)
132		-	(765 ILCS 1075/30)
133		-	Sec. 30. Limitations regarding use of an individual's
134		-	identity.
135		-	(a) A person may not use an individual's identity for
136		-	commercial purposes during the individual's lifetime without
137		-	having obtained previous written consent from the appropriate
138		-	person or persons specified in Section 20 of this Act or their
139		-	authorized representative.
140		-	(b) A person may not knowingly distribute, transmit, or
	68	+	HB4875 Enrolled- 3 -LRB103 38718 BDA 68855 b HB4875 Enrolled - 3 - LRB103 38718 BDA 68855 b
	69	+	HB4875 Enrolled - 3 - LRB103 38718 BDA 68855 b
	70	+	1 viewer or listener, including but not limited to: (i) name,
	71	+	2 (ii) signature, (iii) photograph, (iv) image, (v) likeness, or
	72	+	3 (vi) voice.
	73	+	4 "Individual" means a living or deceased natural person,
	74	+	5 regardless of whether the identity of that individual has been
	75	+	6 used for a commercial purpose during the individual's
	76	+	7 lifetime.
	77	+	8 "Juristic person" means a partnership, trust, estate,
	78	+	9 corporation, unincorporated association, or other organization
	79	+	10 capable of suing and being sued in a court of law.
	80	+	11 "Name" means the actual name or other name by which an
	81	+	12 individual is known that is intended to identify that
	82	+	13 individual.
	83	+	14 "Person" means a natural or juristic person. "Person" only
	84	+	15 includes a service provider under subsections (b) and (d) of
	85	+	16 Section 30 if the service provider created the unauthorized
	86	+	17 digital replica. "Person" does not include a data center, as
	87	+	18 defined by the Department of Commerce and Economic Opportunity
	88	+	19 Law of the Civil Administrative Code of Illinois, under
	89	+	20 subsections (b) and (d) of Section 30.
	90	+	21 "Service provider" means any entity offering broadband
	91	+	22 service as that term is used in Section 10 of the Broadband
	92	+	23 Advisory Council Act, a wireless carrier as defined by 47
	93	+	24 U.S.C. 615b(4), or a telecommunication carrier as that term is
	94	+	25 used in Section 13-202 of the Public Utilities Act.
	95	+	26 "Unauthorized digital replica" means the use of a digital
141	96
142	97
143		-	make available to the general public a sound recording or
144		-	audiovisual work with actual knowledge that the work contains
145		-	an unauthorized digital replica.
146		-	(c) If an individual's death occurs after the effective
147		-	date of this Act, a person may not use that individual's
148		-	identity or digital replica in violation of this Act for
149		-	commercial purposes for 50 years after the date of the
150		-	individual's death without having obtained previous written
151		-	consent from the appropriate person or persons specified in
152		-	Section 20 of this Act.
153		-	(d) Any person who materially contributes to, induces, or
154		-	otherwise facilitates a violation of subsection (b) by another
155		-	person after having obtained actual knowledge that the other
156		-	person is infringing upon an individual's rights under this
157		-	Section may be found liable for the violation.
158		-	(e) Subsection (d) does not apply to a person that solely
159		-	transmits, stores, or provides access to data or software,
160		-	including interactive entertainment software, application
161		-	software providers, or cloud service providers with respect to
162		-	any unauthorized digital replica stored or transmitted at the
163		-	direction of a user of material that resides on a system or
164		-	network, if the person:
165		-	(1) does not have actual knowledge that the material
166		-	or an activity using the material on the system or network
167		-	is unauthorized;
168		-	(2) in the absence of such actual knowledge, does not
169	98
170	99
171		-	willfully disregard facts or circumstances that would
172		-	create actual knowledge; or
173		-	(3) upon obtaining actual knowledge, facts or
174		-	circumstances that would create actual knowledge, or
175		-	written notification of claimed unauthorized activity,
176		-	acts expeditiously to remove or disable access to the
177		-	material that is the subject of infringing activity; if
178		-	the person does not personally have the ability to remove
179		-	or disable access to the material, the person acts
180		-	expeditiously to notify the person that has the ability to
181		-	remove or disable access to the material. As used in this
182		-	subsection, "expeditiously" has the same meaning as it
183		-	does in 17 U.S.C. 512.
184		-	(f) Subject to the limitations in subsection (e), all of
185		-	the elements of 17 U.S.C. 512 shall be incorporated mutatis
186		-	mutandis with respect to claims relating to unauthorized
187		-	digital replicas. This exemption shall apply without regard to
188		-	whether the unauthorized version infringes copyright.
189		-	(g) Nothing in this Act may be construed in a manner
190		-	inconsistent with 47 U.S.C. 230 or any other federal law.
191		-	(Source: P.A. 90-747, eff. 1-1-99.)
	100	+
	101	+	HB4875 Enrolled - 3 - LRB103 38718 BDA 68855 b
	102	+
	103	+
	104	+	HB4875 Enrolled- 4 -LRB103 38718 BDA 68855 b HB4875 Enrolled - 4 - LRB103 38718 BDA 68855 b
	105	+	HB4875 Enrolled - 4 - LRB103 38718 BDA 68855 b
	106	+	1 replica of an individual without the consent of the
	107	+	2 appropriate person or persons identified in Section 20 or
	108	+	3 their authorized representative.
	109	+	4 "Work of Fine Art" means (i) a visual rendition including,
	110	+	5 but not limited to, a painting, drawing, sculpture, mosaic,
	111	+	6 videotape, or photograph; (ii) a work of calligraphy; (iii) a
	112	+	7 work of graphic art including, but not limited to, an etching,
	113	+	8 lithograph, serigraph, or offset print; (iv) a craft work in
	114	+	9 materials including, but not limited to, clay, textile, fiber,
	115	+	10 wood, metal, plastic, or glass; or (v) a work in mixed media
	116	+	11 including, but not limited to, a collage, assemblage, or work
	117	+	12 consisting of any combination of items (i) through (iv).
	118	+	13 (Source: P.A. 90-747, eff. 1-1-99.)
	119	+	14 (765 ILCS 1075/20)
	120	+	15 Sec. 20. Enforcement of rights and remedies.
	121	+	16 (a) The rights and remedies set forth in this Act may be
	122	+	17 exercised and enforced by:
	123	+	18 (1) an individual or his or her authorized
	124	+	19 representative;
	125	+	20 (2) a person to whom the recognized rights have been
	126	+	21 transferred by written transfer under Section 15 of this
	127	+	22 Act; or
	128	+	23 (3) after the death of an individual who has not
	129	+	24 transferred the recognized rights by written transfer
	130	+	25 under this Act, any person or persons who possesses an
	131	+
	132	+
	133	+
	134	+
	135	+
	136	+	HB4875 Enrolled - 4 - LRB103 38718 BDA 68855 b
	137	+
	138	+
	139	+	HB4875 Enrolled- 5 -LRB103 38718 BDA 68855 b HB4875 Enrolled - 5 - LRB103 38718 BDA 68855 b
	140	+	HB4875 Enrolled - 5 - LRB103 38718 BDA 68855 b
	141	+	1 interest in those rights.
	142	+	2 (a-5) In addition to the enforcement of rights and
	143	+	3 remedies in subsection (a), the rights and remedies set forth
	144	+	4 in this Act may, in the case of an individual who is a
	145	+	5 recording artist, be enforced by:
	146	+	6 (1) the individual who is the recording artist; or
	147	+	7 (2) a person who has entered into a contract for the
	148	+	8 individual's exclusive personal services as a recording
	149	+	9 artist or who has entered into a contract for an exclusive
	150	+	10 license to distribute sound recordings that capture the
	151	+	11 recording artist's audio performances.
	152	+	12 (b) Each person described in paragraph (3) of subsection
	153	+	13 (a) shall make a proportional accounting to, and shall act at
	154	+	14 all times in good faith with respect to, any other person in
	155	+	15 whom the rights being enforced have vested.
	156	+	16 (Source: P.A. 90-747, eff. 1-1-99.)
	157	+	17 (765 ILCS 1075/30)
	158	+	18 Sec. 30. Limitations regarding use of an individual's
	159	+	19 identity.
	160	+	20 (a) A person may not use an individual's identity for
	161	+	21 commercial purposes during the individual's lifetime without
	162	+	22 having obtained previous written consent from the appropriate
	163	+	23 person or persons specified in Section 20 of this Act or their
	164	+	24 authorized representative.
	165	+	25 (b) A person may not knowingly distribute, transmit, or
	166	+
	167	+
	168	+
	169	+
	170	+
	171	+	HB4875 Enrolled - 5 - LRB103 38718 BDA 68855 b
	172	+
	173	+
	174	+	HB4875 Enrolled- 6 -LRB103 38718 BDA 68855 b HB4875 Enrolled - 6 - LRB103 38718 BDA 68855 b
	175	+	HB4875 Enrolled - 6 - LRB103 38718 BDA 68855 b
	176	+	1 make available to the general public a sound recording or
	177	+	2 audiovisual work with actual knowledge that the work contains
	178	+	3 an unauthorized digital replica.
	179	+	4 (c) If an individual's death occurs after the effective
	180	+	5 date of this Act, a person may not use that individual's
	181	+	6 identity or digital replica in violation of this Act for
	182	+	7 commercial purposes for 50 years after the date of the
	183	+	8 individual's death without having obtained previous written
	184	+	9 consent from the appropriate person or persons specified in
	185	+	10 Section 20 of this Act.
	186	+	11 (d) Any person who materially contributes to, induces, or
	187	+	12 otherwise facilitates a violation of subsection (b) by another
	188	+	13 person after having obtained actual knowledge that the other
	189	+	14 person is infringing upon an individual's rights under this
	190	+	15 Section may be found liable for the violation.
	191	+	16 (e) Subsection (d) does not apply to a person that solely
	192	+	17 transmits, stores, or provides access to data or software,
	193	+	18 including interactive entertainment software, application
	194	+	19 software providers, or cloud service providers with respect to
	195	+	20 any unauthorized digital replica stored or transmitted at the
	196	+	21 direction of a user of material that resides on a system or
	197	+	22 network, if the person:
	198	+	23 (1) does not have actual knowledge that the material
	199	+	24 or an activity using the material on the system or network
	200	+	25 is unauthorized;
	201	+	26 (2) in the absence of such actual knowledge, does not
	202	+
	203	+
	204	+
	205	+
	206	+
	207	+	HB4875 Enrolled - 6 - LRB103 38718 BDA 68855 b
	208	+
	209	+
	210	+	HB4875 Enrolled- 7 -LRB103 38718 BDA 68855 b HB4875 Enrolled - 7 - LRB103 38718 BDA 68855 b
	211	+	HB4875 Enrolled - 7 - LRB103 38718 BDA 68855 b
	212	+	1 willfully disregard facts or circumstances that would
	213	+	2 create actual knowledge; or
	214	+	3 (3) upon obtaining actual knowledge, facts or
	215	+	4 circumstances that would create actual knowledge, or
	216	+	5 written notification of claimed unauthorized activity,
	217	+	6 acts expeditiously to remove or disable access to the
	218	+	7 material that is the subject of infringing activity; if
	219	+	8 the person does not personally have the ability to remove
	220	+	9 or disable access to the material, the person acts
	221	+	10 expeditiously to notify the person that has the ability to
	222	+	11 remove or disable access to the material. As used in this
	223	+	12 subsection, "expeditiously" has the same meaning as it
	224	+	13 does in 17 U.S.C. 512.
	225	+	14 (f) Subject to the limitations in subsection (e), all of
	226	+	15 the elements of 17 U.S.C. 512 shall be incorporated mutatis
	227	+	16 mutandis with respect to claims relating to unauthorized
	228	+	17 digital replicas. This exemption shall apply without regard to
	229	+	18 whether the unauthorized version infringes copyright.
	230	+	19 (g) Nothing in this Act may be construed in a manner
	231	+	20 inconsistent with 47 U.S.C. 230 or any other federal law.
	232	+	21 (Source: P.A. 90-747, eff. 1-1-99.)
	233	+	22 (765 ILCS 1075/35)
	234	+	23 Sec. 35. Applicability.
	235	+	24 (a) This Act applies to acts or events that take place
	236	+	25 after the effective date of this Act.
	237	+
	238	+
	239	+
	240	+
	241	+
	242	+	HB4875 Enrolled - 7 - LRB103 38718 BDA 68855 b
	243	+
	244	+
	245	+	HB4875 Enrolled- 8 -LRB103 38718 BDA 68855 b HB4875 Enrolled - 8 - LRB103 38718 BDA 68855 b
	246	+	HB4875 Enrolled - 8 - LRB103 38718 BDA 68855 b
	247	+	1 (b) Subsections (a) and (c) of Section 30 do This Act does
	248	+	2 not apply to the following:
	249	+	3 (1) use of an individual's identity in an attempt to
	250	+	4 portray, describe, or impersonate that individual in a
	251	+	5 live performance, a single and original work of fine art,
	252	+	6 play, book, article, musical work, film, radio,
	253	+	7 television, or other audio, visual, or audio-visual work,
	254	+	8 provided that the performance, work, play, book, article,
	255	+	9 or film does not constitute in and of itself a commercial
	256	+	10 advertisement for a product, merchandise, goods, or
	257	+	11 services;
	258	+	12 (2) use of an individual's identity for non-commercial
	259	+	13 purposes, including any news, public affairs, or sports
	260	+	14 broadcast or account, or any political campaign;
	261	+	15 (3) use of an individual's name in truthfully
	262	+	16 identifying the person as the author of a particular work
	263	+	17 or program or the performer in a particular performance;
	264	+	18 (4) promotional materials, advertisements, or
	265	+	19 commercial announcements for a use described under
	266	+	20 paragraph (1), (2), or (3) of this subsection; or
	267	+	21 (5) use of photographs, videotapes, and images by a
	268	+	22 person, firm, or corporation practicing the profession of
	269	+	23 photography ("professional photographer") to exhibit in or
	270	+	24 about the professional photographer's place of business or
	271	+	25 portfolio, specimens of the professional photographer's
	272	+	26 work, unless the exhibition is continued by the
	273	+
	274	+
	275	+
	276	+
	277	+
	278	+	HB4875 Enrolled - 8 - LRB103 38718 BDA 68855 b
	279	+
	280	+
	281	+	HB4875 Enrolled- 9 -LRB103 38718 BDA 68855 b HB4875 Enrolled - 9 - LRB103 38718 BDA 68855 b
	282	+	HB4875 Enrolled - 9 - LRB103 38718 BDA 68855 b
	283	+	1 professional photographer after written notice objecting
	284	+	2 to the exhibition has been given by the individual
	285	+	3 portrayed.
	286	+	4 (c) Subsections (b) and (c) of Section 30 do not apply to
	287	+	5 the use of identity or digital replicas in the following:
	288	+	6 (1) news, public affairs, or a sports broadcast or
	289	+	7 account, or any political campaign;
	290	+	8 (2) for a purpose that has political, public interest,
	291	+	9 educational, or newsworthy value, unless use of the
	292	+	10 audiovisual digital replica is intended to create, and
	293	+	11 does create, the false impression to a reasonable viewer
	294	+	12 or listener that the work is an authentic recording in
	295	+	13 which the individual participated;
	296	+	14 (3) use of a digital replica to depict the individual
	297	+	15 in a documentary, docudrama, or historical or biographical
	298	+	16 audiovisual work, or any other representation of the
	299	+	17 individual as such individual, regardless of the degree of
	300	+	18 fictionalization, unless the use of the audiovisual
	301	+	19 digital replica creates the false impression to a
	302	+	20 reasonable viewer or listener that the digital replica is
	303	+	21 an authentic recording or that the individual participated
	304	+	22 in the work, including, for example, in a live performance
	305	+	23 of a musical work an individual did not participate in;
	306	+	24 (4) use of digital replica for the purposes of
	307	+	25 comment, criticism, scholarship, satire, or parody; or
	308	+	26 (5) promotional materials, advertisements, or
	309	+
	310	+
	311	+
	312	+
	313	+
	314	+	HB4875 Enrolled - 9 - LRB103 38718 BDA 68855 b
	315	+
	316	+
	317	+	HB4875 Enrolled- 10 -LRB103 38718 BDA 68855 b HB4875 Enrolled - 10 - LRB103 38718 BDA 68855 b
	318	+	HB4875 Enrolled - 10 - LRB103 38718 BDA 68855 b
	319	+
	320	+
	321	+
	322	+
	323	+
	324	+	HB4875 Enrolled - 10 - LRB103 38718 BDA 68855 b