Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3248 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3248 Introduced 2/6/2024, by Sen. Dave Syverson SYNOPSIS AS INTRODUCED: New Act Creates the No Artificial Intelligence Fake Replicas And Unauthorized Duplications Act of 2024 and may be referred to as the No AI FRAUD Act. Defines terms such as "personalized cloning service", "digital voice replica", "voice", "likeness", and digital technology". Provides that every individual has a property right in his or her own likeness and voice. Creates a private cause of action against any person or entity who, without consent of the individual whose voice or likeness rights are affected, does any of the following: (i) distributes or otherwise makes available to the public a personalized cloning service; (ii) publishes or otherwise makes available to the public a digital voice replica or digital depiction with knowledge that the digital voice replica or digital depiction was not authorized by the individual holding the voice or likeness rights so affected; or (iii) materially contributes to or otherwise facilitates any of the conduct proscribed in (i) or (ii) with knowledge that the individual holding the affected voice or likeness rights has not consented to the conduct. Provides remedies in the case of an unauthorized distribution of a personalized cloning service to include damages in an amount equal to the greater of $50,000 per violation or the actual damages and any profits from the unauthorized use that are attributable to such use and are not taken into account in computing the actual damages. Provides that in the case of an unauthorized publication of a digital voice replica or digital depiction, $5,000 per violation or the actual damages and any profits from the unauthorized use that are attributable to such use and are not taken into account in computing the actual damages. Provides that punitive damages and reasonable attorney's fees may also be awarded to the injured person. Provides that First Amendment protections shall constitute a defense to an alleged violation of this Act. In evaluating any such defense, the public interest in access to the use shall be balanced against the intellectual property interest in the voice or likeness. Provides that a person or entity who uses an individual's voice or likeness in a manner that violates this Act shall not be liable if the harm caused by such conduct is negligible. Provides that the Act is operative 180 days after it becomes law. LRB103 37732 JRC 67859 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3248 Introduced 2/6/2024, by Sen. Dave Syverson SYNOPSIS AS INTRODUCED: New Act New Act Creates the No Artificial Intelligence Fake Replicas And Unauthorized Duplications Act of 2024 and may be referred to as the No AI FRAUD Act. Defines terms such as "personalized cloning service", "digital voice replica", "voice", "likeness", and digital technology". Provides that every individual has a property right in his or her own likeness and voice. Creates a private cause of action against any person or entity who, without consent of the individual whose voice or likeness rights are affected, does any of the following: (i) distributes or otherwise makes available to the public a personalized cloning service; (ii) publishes or otherwise makes available to the public a digital voice replica or digital depiction with knowledge that the digital voice replica or digital depiction was not authorized by the individual holding the voice or likeness rights so affected; or (iii) materially contributes to or otherwise facilitates any of the conduct proscribed in (i) or (ii) with knowledge that the individual holding the affected voice or likeness rights has not consented to the conduct. Provides remedies in the case of an unauthorized distribution of a personalized cloning service to include damages in an amount equal to the greater of $50,000 per violation or the actual damages and any profits from the unauthorized use that are attributable to such use and are not taken into account in computing the actual damages. Provides that in the case of an unauthorized publication of a digital voice replica or digital depiction, $5,000 per violation or the actual damages and any profits from the unauthorized use that are attributable to such use and are not taken into account in computing the actual damages. Provides that punitive damages and reasonable attorney's fees may also be awarded to the injured person. Provides that First Amendment protections shall constitute a defense to an alleged violation of this Act. In evaluating any such defense, the public interest in access to the use shall be balanced against the intellectual property interest in the voice or likeness. Provides that a person or entity who uses an individual's voice or likeness in a manner that violates this Act shall not be liable if the harm caused by such conduct is negligible. Provides that the Act is operative 180 days after it becomes law. LRB103 37732 JRC 67859 b LRB103 37732 JRC 67859 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3248 Introduced 2/6/2024, by Sen. Dave Syverson SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
4	4	New Act
5	5	Creates the No Artificial Intelligence Fake Replicas And Unauthorized Duplications Act of 2024 and may be referred to as the No AI FRAUD Act. Defines terms such as "personalized cloning service", "digital voice replica", "voice", "likeness", and digital technology". Provides that every individual has a property right in his or her own likeness and voice. Creates a private cause of action against any person or entity who, without consent of the individual whose voice or likeness rights are affected, does any of the following: (i) distributes or otherwise makes available to the public a personalized cloning service; (ii) publishes or otherwise makes available to the public a digital voice replica or digital depiction with knowledge that the digital voice replica or digital depiction was not authorized by the individual holding the voice or likeness rights so affected; or (iii) materially contributes to or otherwise facilitates any of the conduct proscribed in (i) or (ii) with knowledge that the individual holding the affected voice or likeness rights has not consented to the conduct. Provides remedies in the case of an unauthorized distribution of a personalized cloning service to include damages in an amount equal to the greater of $50,000 per violation or the actual damages and any profits from the unauthorized use that are attributable to such use and are not taken into account in computing the actual damages. Provides that in the case of an unauthorized publication of a digital voice replica or digital depiction, $5,000 per violation or the actual damages and any profits from the unauthorized use that are attributable to such use and are not taken into account in computing the actual damages. Provides that punitive damages and reasonable attorney's fees may also be awarded to the injured person. Provides that First Amendment protections shall constitute a defense to an alleged violation of this Act. In evaluating any such defense, the public interest in access to the use shall be balanced against the intellectual property interest in the voice or likeness. Provides that a person or entity who uses an individual's voice or likeness in a manner that violates this Act shall not be liable if the harm caused by such conduct is negligible. Provides that the Act is operative 180 days after it becomes law.
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11	11	1 AN ACT concerning civil law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Short title. This Act may be cited as the No
15	15	5 Artificial Intelligence Fake Replicas And Unauthorized
16	16	6 Duplications Act. This Act may be referred to as the No AI
17	17	7 FRAUD Act.
18	18	8 Section 2. Findings. The General Assembly finds that
19	19	9 recent advancements in artificial intelligence (AI) technology
20	20	10 and the development of deepfake software have adversely
21	21	11 affected individuals' ability to protect their voice and
22	22	12 likeness from misappropriation, including:
23	23	13 (1) On or around April 4, 2023, AI technology was used
24	24	14 to create the song titled "Heart on My Sleeve," emulating
25	25	15 the voices of recording artists Drake and The Weeknd. It
26	26	16 reportedly received more than 11 million views.
27	27	17 (2) On or around October 1, 2023, AI technology was
28	28	18 used to create a false endorsement featuring Tom Hanks'
29	29	19 face in an advertisement for a dental plan.
30	30	20 (3) From October 16 to 20, 2023, AI technology was
31	31	21 used to create false, nonconsensual intimate images of
32	32	22 high school girls in Westfield, New Jersey.
33	33	23 (4) In fall 2023, AI technology was used to create the
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3248 Introduced 2/6/2024, by Sen. Dave Syverson SYNOPSIS AS INTRODUCED:
38	38	New Act New Act
39	39	New Act
40	40	Creates the No Artificial Intelligence Fake Replicas And Unauthorized Duplications Act of 2024 and may be referred to as the No AI FRAUD Act. Defines terms such as "personalized cloning service", "digital voice replica", "voice", "likeness", and digital technology". Provides that every individual has a property right in his or her own likeness and voice. Creates a private cause of action against any person or entity who, without consent of the individual whose voice or likeness rights are affected, does any of the following: (i) distributes or otherwise makes available to the public a personalized cloning service; (ii) publishes or otherwise makes available to the public a digital voice replica or digital depiction with knowledge that the digital voice replica or digital depiction was not authorized by the individual holding the voice or likeness rights so affected; or (iii) materially contributes to or otherwise facilitates any of the conduct proscribed in (i) or (ii) with knowledge that the individual holding the affected voice or likeness rights has not consented to the conduct. Provides remedies in the case of an unauthorized distribution of a personalized cloning service to include damages in an amount equal to the greater of $50,000 per violation or the actual damages and any profits from the unauthorized use that are attributable to such use and are not taken into account in computing the actual damages. Provides that in the case of an unauthorized publication of a digital voice replica or digital depiction, $5,000 per violation or the actual damages and any profits from the unauthorized use that are attributable to such use and are not taken into account in computing the actual damages. Provides that punitive damages and reasonable attorney's fees may also be awarded to the injured person. Provides that First Amendment protections shall constitute a defense to an alleged violation of this Act. In evaluating any such defense, the public interest in access to the use shall be balanced against the intellectual property interest in the voice or likeness. Provides that a person or entity who uses an individual's voice or likeness in a manner that violates this Act shall not be liable if the harm caused by such conduct is negligible. Provides that the Act is operative 180 days after it becomes law.
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68	68	1 song titled "Demo #5: nostalgia," manipulating the voices
69	69	2 of Justin Bieber, Daddy Yankee, and Bad Bunny. It
70	70	3 reportedly received 22 million views on Tik Tok and 1.2
71	71	4 million views on YouTube.
72	72	5 (5) A Department of Homeland Security report titled
73	73	6 the "Increasing Threat of Deepfake Identities" states that
74	74	7 as of October 2020, researchers had reported more than
75	75	8 100,000 computer-generated fake nude images of women
76	76	9 created without their consent or knowledge.
77	77	10 (6) According to Pew Research Center, approximately
78	78	11 63% of American say made-up or altered videos create
79	79	12 confusion about the basic facts of current issues.
80	80	13 Section 3. Likeness and voice rights.
81	81	14 (a) Definitions. In this Act:
82	82	15 (1) "Individual" means a human being, living or dead.
83	83	16 (2) "Digital depiction" means a replica, imitation, or
84	84	17 approximation of the likeness of an individual that is
85	85	18 created or altered in whole or in part using digital
86	86	19 technology.
87	87	20 (3) "Personalized cloning service" means an algorithm,
88	88	21 software, tool, or other technology, service, or device
89	89	22 the primary purpose or function of which is to produce one
90	90	23 or more digital voice replicas or digital depictions of
91	91	24 particular, identified individuals.
92	92	25 (4) "Digital voice replica" means an audio rendering
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103	103	1 that is created or altered in whole or in part using
104	104	2 digital technology and is fixed in a sound recording or
105	105	3 audiovisual work which includes replications, imitations,
106	106	4 or approximations of an individual that the individual did
107	107	5 not actually perform.
108	108	6 (5) "Voice" means sounds in any medium containing the
109	109	7 actual voice or a simulation of the voice of an
110	110	8 individual, whether recorded or generated by computer,
111	111	9 artificial intelligence, algorithm, or other digital
112	112	10 technology, service, or device, to the extent that the
113	113	11 individual depicted or simulated is readily identifiable
114	114	12 from the sound of the voice or simulation of the voice, or
115	115	13 from other information displayed in connection therewith.
116	116	14 (6) "Likeness" means the actual or simulated image or
117	117	15 likeness of an individual, regardless of the means of
118	118	16 creation, that is readily identifiable as the individual
119	119	17 by virtue of the individual's face, likeness, or other
120	120	18 distinguishing characteristic, or from other information
121	121	19 displayed in connection with the likeness.
122	122	20 (7) "Digital technology" means a technology or device
123	123	21 now known or hereafter created such as computer software,
124	124	22 artificial intelligence, machine learning, quantum
125	125	23 computing, or other similar technologies or devices.
126	126	24 (b) Property right in likeness and voice.
127	127	25 (1) In general. Every individual has a property right
128	128	26 in the individual's own likeness and voice.
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139	139	1 (2) Extent. The rights provided for in paragraph (1)
140	140	2 constitute intellectual property rights and are freely
141	141	3 transferable and descendible, in whole or in part, and do
142	142	4 not expire upon the death of the individual, whether or
143	143	5 not such rights were commercially exploited by the
144	144	6 individual during the individual's lifetime.
145	145	7 (3) Transferability. The rights provided for in
146	146	8 paragraph (1) shall be exclusive to the individual,
147	147	9 subject to the transfer of such rights as provided in
148	148	10 paragraph (2), during such individual's lifetime and to
149	149	11 the executors, heirs, transferees, or devisees for a
150	150	12 period of ten years after the death of the individual, and
151	151	13 shall be terminated by:
152	152	14 (A) proof of the non-use of the likeness or voice
153	153	15 of any individual for commercial purposes by an
154	154	16 executor, transferee, heir, or devisee to such use for
155	155	17 a period of two years subsequent to the initial
156	156	18 ten-year period following the individual's death; or
157	157	19 (B) the death of all executors, transferees,
158	158	20 heirs, or devisees.
159	159	21 (4) Validity of use. An agreement authorizing the use
160	160	22 of a digital depiction or digital voice replica for a new
161	161	23 performance of the individual in an advertisement or
162	162	24 expressive work shall be valid only if:
163	163	25 (A) the applicable individual was:
164	164	26 (i) represented by counsel in the transaction and
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175	175	1 the agreement was in writing; and
176	176	2 (ii) 18 years of age or older at the time of entry
177	177	3 into the agreement, or, if under 18 years of age at
178	178	4 that time, the agreement is approved by a court in
179	179	5 accordance with applicable State law; or
180	180	6 (B) the terms of the agreement are governed by a
181	181	7 collective bargaining agreement.
182	182	8 (c) Unauthorized simulation of voice or likeness.
183	183	9 (1) In general. Any person or entity who, in a manner
184	184	10 affecting interstate or foreign commerce (or using any
185	185	11 means or facility of interstate or foreign commerce), and
186	186	12 without consent of the individual holding the voice or
187	187	13 likeness rights affected thereby:
188	188	14 (A) distributes, transmits, or otherwise makes
189	189	15 available to the public a personalized cloning
190	190	16 service;
191	191	17 (B) publishes, performs, distributes, transmits,
192	192	18 or otherwise makes available to the public a digital
193	193	19 voice replica or digital depiction with knowledge that
194	194	20 the digital voice replica or digital depiction was not
195	195	21 authorized by the individual holding the voice or
196	196	22 likeness rights affected thereby; or
197	197	23 (C) materially contributes to, directs, or
198	198	24 otherwise facilitates any of the conduct proscribed in
199	199	25 subparagraph (A) or (B) with knowledge that the
200	200	26 individual holding the affected voice or likeness
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211	211	1 rights has not consented to the conduct,
212	212	2 shall be liable for damages as set forth in paragraph (2).
213	213	3 (2) Remedies. In any action brought under this
214	214	4 Section, the following shall apply:
215	215	5 (A) The person or entity who violated the Section
216	216	6 shall be liable to the injured party or parties in an
217	217	7 amount equal to the greater of:
218	218	8 (i) in the case of an unauthorized
219	219	9 distribution, transmission, or other making
220	220	10 available of a personalized cloning service,
221	221	11 $50,000 per violation or the actual damages
222	222	12 suffered by the injured party or parties as a
223	223	13 result of the unauthorized use, plus any profits
224	224	14 from the unauthorized use that are attributable to
225	225	15 such use and are not taken into account in
226	226	16 computing the actual damages; and
227	227	17 (ii) in the case of an unauthorized
228	228	18 publication, performance, distribution,
229	229	19 transmission, or other making available of a
230	230	20 digital voice replica or digital depiction, $5,000
231	231	21 per violation or the actual damages suffered by
232	232	22 the injured party or parties as a result of the
233	233	23 unauthorized use, plus any profits from the
234	234	24 unauthorized use that are attributable to such use
235	235	25 and are not taken into account in computing the
236	236	26 actual damages.
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247	247	1 (B) In establishing profits under this
248	248	2 subdivision, the injured party or parties shall be
249	249	3 required only to present proof of the gross revenue
250	250	4 attributable to the unauthorized use, and the person
251	251	5 or entity who violated this Section shall be required
252	252	6 to prove his or her expenses deductible therefrom.
253	253	7 (C) Punitive damages and reasonable attorney's
254	254	8 fees may also be awarded to the injured party or
255	255	9 parties.
256	256	10 (D) It shall not be a defense to an allegation of a
257	257	11 violation of paragraph (1) that the unauthorized user
258	258	12 displayed or otherwise communicated to the public a
259	259	13 disclaimer stating that the digital depiction, digital
260	260	14 voice replica, or personalized cloning service was
261	261	15 unauthorized or that the individual rights owner did
262	262	16 not participate in the creation, development,
263	263	17 distribution, or dissemination of the unauthorized
264	264	18 digital depiction, digital voice replica, or
265	265	19 personalized cloning service.
266	266	20 (E) An action to enforce this Section may be
267	267	21 brought by:
268	268	22 (i) the individual whose voice or likeness is
269	269	23 at issue;
270	270	24 (ii) any other person or entity to which the
271	271	25 individual has assigned or exclusively licensed
272	272	26 the individual's voice or likeness rights; or
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283	283	1 (iii) in the case of an individual who
284	284	2 performs music as a profession, and has not
285	285	3 authorized the use at issue, by any person or
286	286	4 entity that has entered into a contract for the
287	287	5 individual's exclusive personal services as a
288	288	6 recording artist or an exclusive license to
289	289	7 distribute sound recordings that capture the
290	290	8 individual's audio performances.
291	291	9 (d) First Amendment defense. First Amendment
292	292	10 protections shall constitute a defense to an alleged
293	293	11 violation of subsection (c). In evaluating any such
294	294	12 defense, the public interest in access to the use shall be
295	295	13 balanced against the intellectual property interest in the
296	296	14 voice or likeness. Factors to be considered may include
297	297	15 whether:
298	298	16 (1) the use is commercial;
299	299	17 (2) the individual whose voice or likeness is at
300	300	18 issue is necessary for and relevant to the primary
301	301	19 expressive purpose of the work in which the use
302	302	20 appears; and
303	303	21 (3) the use competes with or otherwise adversely
304	304	22 affects the value of the work of the owner or licensee
305	305	23 of the voice or likeness rights at issue.
306	306	24 (e) Limitation.
307	307	25 (1) In general. A person or entity who uses an
308	308	26 individual's voice or likeness in a manner that violates
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319	319	1 subsection (c) shall not be liable if the harm caused by
320	320	2 such conduct is negligible.
321	321	3 (2) Harm. For purposes of this Section, the term
322	322	4 "harm" includes:
323	323	5 (A) financial or physical injury, or an elevated
324	324	6 risk of such injury, to any person whose voice or
325	325	7 likeness rights are affected by the conduct at issue;
326	326	8 (B) severe emotional distress of any person whose
327	327	9 voice or likeness is used without consent; and
328	328	10 (C) a likelihood that the use deceives the public,
329	329	11 a court, or tribunal.
330	330	12 (3) Per se harm. Any digital depiction or digital
331	331	13 voice replica which includes child sexual abuse material,
332	332	14 is sexually explicit, or includes intimate images
333	333	15 constitutes harm.
334	334	16 (4) Balance of equities. Except when paragraph (3)
335	335	17 applies, alleged harms shall be weighed against:
336	336	18 (A) whether the individual whose voice or likeness
337	337	19 is at issue is necessary for and relevant to the
338	338	20 primary expressive purpose of the work in which the
339	339	21 use appears;
340	340	22 (B) whether the use is transformative; and
341	341	23 (C) whether the use constitutes constitutionally
342	342	24 protected commentary on a matter of public concern.
343	343	25 (f) Limitations period. No civil action shall be
344	344	26 maintained under the provisions of this Act unless it is
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355	355	1 commenced within four years after the party seeking to bring
356	356	2 the claim discovered, or with due diligence should have
357	357	3 discovered, the violation.
358	358	4 (g) No preemption. Nothing in this Act shall be construed
359	359	5 to limit any rights an individual may have under any other law
360	360	6 providing protections against the unauthorized use of an
361	361	7 individual's name, voice, or likeness.
362	362	8 (h) Severability. If any provision of this Act, or the
363	363	9 application thereof, is held invalid, the validity of the
364	364	10 remainder of this Act and the application of such provision to
365	365	11 other persons and circumstances shall not be affected thereby.
366	366	12 (i) Construction. Nothing in this Act shall alter the
367	367	13 application by a court of First Amendment protections in the
368	368	14 event such a defense is asserted to subsection (c).
369	369	15 (j) Application. This Section shall be considered to be a
370	370	16 law pertaining to intellectual property for the purposes of
371	371	17 Section 230(e)(2) of the Communications Act of 1934 (47 U.S.C.
372	372	18 230(e)(2)).
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