Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3705 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 SB3705 Introduced 2/9/2024, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED: New Act Creates the Digital Voice and Likeness Protection Act. Provides that a provision in an agreement between an individual and any other person for the performance of personal or professional services is contrary to public policy and is deemed unenforceable if the provision meets all of the following conditions: (1) the provision allows for the creation and use of a digital replica of the individual's voice or likeness in place of work the individual would otherwise have performed in person; (2) the provision does not clearly define and detail all of the proposed uses of the digital replica or the generative artificial intelligence system; and (3) the individual was not represented by legal counsel or by a labor union acting in a specified capacity. Provides that the Act shall apply retroactively. Provides that any person who is currently under, or has entered into, an agreement with an individual performing personal or professional services containing an unenforceable provision shall notify that individual in writing that the provision is unenforceable by January 1, 2025. Effective immediately. LRB103 39507 SPS 69706 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3705 Introduced 2/9/2024, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED: New Act New Act Creates the Digital Voice and Likeness Protection Act. Provides that a provision in an agreement between an individual and any other person for the performance of personal or professional services is contrary to public policy and is deemed unenforceable if the provision meets all of the following conditions: (1) the provision allows for the creation and use of a digital replica of the individual's voice or likeness in place of work the individual would otherwise have performed in person; (2) the provision does not clearly define and detail all of the proposed uses of the digital replica or the generative artificial intelligence system; and (3) the individual was not represented by legal counsel or by a labor union acting in a specified capacity. Provides that the Act shall apply retroactively. Provides that any person who is currently under, or has entered into, an agreement with an individual performing personal or professional services containing an unenforceable provision shall notify that individual in writing that the provision is unenforceable by January 1, 2025. Effective immediately. LRB103 39507 SPS 69706 b LRB103 39507 SPS 69706 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3705 Introduced 2/9/2024, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
4	4	New Act
5	5	Creates the Digital Voice and Likeness Protection Act. Provides that a provision in an agreement between an individual and any other person for the performance of personal or professional services is contrary to public policy and is deemed unenforceable if the provision meets all of the following conditions: (1) the provision allows for the creation and use of a digital replica of the individual's voice or likeness in place of work the individual would otherwise have performed in person; (2) the provision does not clearly define and detail all of the proposed uses of the digital replica or the generative artificial intelligence system; and (3) the individual was not represented by legal counsel or by a labor union acting in a specified capacity. Provides that the Act shall apply retroactively. Provides that any person who is currently under, or has entered into, an agreement with an individual performing personal or professional services containing an unenforceable provision shall notify that individual in writing that the provision is unenforceable by January 1, 2025. Effective immediately.
6	6	LRB103 39507 SPS 69706 b LRB103 39507 SPS 69706 b
7	7	LRB103 39507 SPS 69706 b
8	8	A BILL FOR
9	9	SB3705LRB103 39507 SPS 69706 b SB3705 LRB103 39507 SPS 69706 b
10	10	SB3705 LRB103 39507 SPS 69706 b
11	11	1 AN ACT concerning business.
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
15	15	5 Digital Voice and Likeness Protection Act.
16	16	6 Section 5. Unenforceable agreements.
17	17	7 (a) A provision in an agreement between an individual and
18	18	8 any other person for the performance of personal or
19	19	9 professional services is contrary to public policy and is
20	20	10 deemed unenforceable if the provision meets all of the
21	21	11 following conditions:
22	22	12 (1) the provision allows for the creation and use of a
23	23	13 digital replica of the individual's voice or likeness in
24	24	14 place of work the individual would otherwise have
25	25	15 performed in person;
26	26	16 (2) the provision does not clearly define and detail
27	27	17 all of the proposed uses of the digital replica or the
28	28	18 generative artificial intelligence system; and
29	29	19 (3) the individual was not represented in either of
30	30	20 the following manners:
31	31	21 (A) represented by legal counsel who negotiated on
32	32	22 behalf of the individual licensing his or her digital
33	33	23 replica rights and the licensing terms exist in a
34	34
35	35
36	36
37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3705 Introduced 2/9/2024, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED:
38	38	New Act New Act
39	39	New Act
40	40	Creates the Digital Voice and Likeness Protection Act. Provides that a provision in an agreement between an individual and any other person for the performance of personal or professional services is contrary to public policy and is deemed unenforceable if the provision meets all of the following conditions: (1) the provision allows for the creation and use of a digital replica of the individual's voice or likeness in place of work the individual would otherwise have performed in person; (2) the provision does not clearly define and detail all of the proposed uses of the digital replica or the generative artificial intelligence system; and (3) the individual was not represented by legal counsel or by a labor union acting in a specified capacity. Provides that the Act shall apply retroactively. Provides that any person who is currently under, or has entered into, an agreement with an individual performing personal or professional services containing an unenforceable provision shall notify that individual in writing that the provision is unenforceable by January 1, 2025. Effective immediately.
41	41	LRB103 39507 SPS 69706 b LRB103 39507 SPS 69706 b
42	42	LRB103 39507 SPS 69706 b
43	43	A BILL FOR
44	44
45	45
46	46
47	47
48	48
49	49	New Act
50	50
51	51
52	52
53	53	LRB103 39507 SPS 69706 b
54	54
55	55
56	56
57	57
58	58
59	59
60	60
61	61
62	62
63	63	SB3705 LRB103 39507 SPS 69706 b
64	64
65	65
66	66	SB3705- 2 -LRB103 39507 SPS 69706 b SB3705 - 2 - LRB103 39507 SPS 69706 b
67	67	SB3705 - 2 - LRB103 39507 SPS 69706 b
68	68	1 standalone written agreement; or
69	69	2 (B) represented by a labor union representing
70	70	3 workers who do the proposed work and the terms of his
71	71	4 or her collective bargaining agreement expressly
72	72	5 covers uses of digital replicas and generative
73	73	6 artificial intelligence systems.
74	74	7 (b) This Act shall apply retroactively.
75	75	8 (c) Any person who is currently under, or has entered
76	76	9 into, an agreement with an individual performing personal or
77	77	10 professional services containing a provision as described in
78	78	11 subsection (a) shall notify that individual in writing that
79	79	12 the provision is unenforceable by January 1, 2025.
80	80
81	81
82	82
83	83
84	84
85	85	SB3705 - 2 - LRB103 39507 SPS 69706 b