IL
Illinois House Bill HB3178

Illinois 2025-2026 Regular Session

Illinois House Bill HB3178 Compare Versions

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1-HB3178 EngrossedLRB104 10229 SPS 20303 b HB3178 Engrossed LRB104 10229 SPS 20303 b
2- HB3178 Engrossed LRB104 10229 SPS 20303 b
1+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3178 Introduced , by Rep. Jennifer Gong-Gershowitz SYNOPSIS AS INTRODUCED: 815 ILCS 550/10 Amends 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 unenforceable only as it relates to a new performance, fixed on or after January 1, 2026, by a digital replica of an individual if specified conditions are satisfied. Provides that the failure to include a reasonably specific description of the intended uses of a digital replica shall not render a provision in an agreement unenforceable when the uses of the digital replica are consistent with the terms of the contract for the performance of personal or professional services and the fundamental character of the photography or sound track as recorded or performed. Provides that the requirements do not affect any other provision of a contract. Makes other changes. Effective January 1, 2026. LRB104 10229 SPS 20303 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3178 Introduced , by Rep. Jennifer Gong-Gershowitz SYNOPSIS AS INTRODUCED: 815 ILCS 550/10 815 ILCS 550/10 Amends 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 unenforceable only as it relates to a new performance, fixed on or after January 1, 2026, by a digital replica of an individual if specified conditions are satisfied. Provides that the failure to include a reasonably specific description of the intended uses of a digital replica shall not render a provision in an agreement unenforceable when the uses of the digital replica are consistent with the terms of the contract for the performance of personal or professional services and the fundamental character of the photography or sound track as recorded or performed. Provides that the requirements do not affect any other provision of a contract. Makes other changes. Effective January 1, 2026. LRB104 10229 SPS 20303 b LRB104 10229 SPS 20303 b A BILL FOR
2+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3178 Introduced , by Rep. Jennifer Gong-Gershowitz SYNOPSIS AS INTRODUCED:
3+815 ILCS 550/10 815 ILCS 550/10
4+815 ILCS 550/10
5+Amends 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 unenforceable only as it relates to a new performance, fixed on or after January 1, 2026, by a digital replica of an individual if specified conditions are satisfied. Provides that the failure to include a reasonably specific description of the intended uses of a digital replica shall not render a provision in an agreement unenforceable when the uses of the digital replica are consistent with the terms of the contract for the performance of personal or professional services and the fundamental character of the photography or sound track as recorded or performed. Provides that the requirements do not affect any other provision of a contract. Makes other changes. Effective January 1, 2026.
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311 1 AN ACT concerning business.
412 2 Be it enacted by the People of the State of Illinois,
513 3 represented in the General Assembly:
614 4 Section 5. The Digital Voice and Likeness Protection Act
715 5 is amended by changing Section 10 as follows:
816 6 (815 ILCS 550/10)
917 7 Sec. 10. Unenforceable agreements.
1018 8 (a) A provision in an agreement between an individual and
1119 9 any other person for the performance of personal or
1220 10 professional services is contrary to public policy and is
1321 11 deemed unenforceable only as it relates to a new performance,
1422 12 fixed on or after January 1, 2026, by a digital replica of an
1523 13 individual if the provision meets all of the following
1624 14 conditions:
1725 15 (1) the provision allows for the creation and use of a
1826 16 digital replica of the individual's voice or likeness in
1927 17 place of work the individual would otherwise have
2028 18 performed in person;
2129 19 (2) the provision does not include a reasonably
2230 20 specific description of the intended uses of the digital
2331 21 replica; and
2432 22 (3) the individual was not either:
2533 23 (A) represented by legal counsel who negotiated on
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37+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3178 Introduced , by Rep. Jennifer Gong-Gershowitz SYNOPSIS AS INTRODUCED:
38+815 ILCS 550/10 815 ILCS 550/10
39+815 ILCS 550/10
40+Amends 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 unenforceable only as it relates to a new performance, fixed on or after January 1, 2026, by a digital replica of an individual if specified conditions are satisfied. Provides that the failure to include a reasonably specific description of the intended uses of a digital replica shall not render a provision in an agreement unenforceable when the uses of the digital replica are consistent with the terms of the contract for the performance of personal or professional services and the fundamental character of the photography or sound track as recorded or performed. Provides that the requirements do not affect any other provision of a contract. Makes other changes. Effective January 1, 2026.
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43+A BILL FOR
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3468 1 behalf of the individual licensing his or her digital
3569 2 replica rights and the licensing terms governing the
3670 3 use of the applicable digital replica exist in a
3771 4 written agreement; or
3872 5 (B) represented by a labor union representing
3973 6 workers who do the proposed work and the terms of the
4074 7 labor union's individual's collective bargaining
4175 8 agreement expressly covers uses of digital replicas as
4276 9 that term is defined in this Act or in the individual's
4377 10 collective bargaining agreement.
4478 11 (b) The failure to include a reasonably specific
4579 12 description of the intended uses of a digital replica as
4680 13 described in paragraph (2) of subsection (a) shall not render
4781 14 a provision in an agreement unenforceable when the uses of the
4882 15 digital replica are consistent with the terms of the contract
4983 16 for the performance of personal or professional services and
5084 17 the fundamental character of the photography or sound track as
5185 18 recorded or performed.
5286 19 (c) This Section does not affect any provision of a
5387 20 contract other than a provision described in subsection (a)
5488 21 and does not impact, abrogate, or otherwise affect any
5589 22 exclusivity grants contained in, or related to, a provision
5690 23 subject to subsection (a).
5791 24 (Source: P.A. 103-830, eff. 8-9-24.)
58-25 Section 99. Effective date. This Act takes effect January
59-26 1, 2026.
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