IL HB3178: DIGITAL PROTECT-USE OF REPLICA

In one paragraph

Illinois' Public Act 104-0282 (HB 3178) narrows Section 10 of the Digital Voice and Likeness Protection Act, which makes unenforceable a services-contract provision letting a digital replica of a person's voice or likeness replace work they would have done in person, if it lacks a reasonably specific description of intended uses and the person had neither a lawyer who negotiated the replica license nor a union contract covering replicas. The rule now applies only to new replica performances fixed on or after January 1, 2026, and not when uses fit the contract and the recording's fundamental character. Approved August 15, 2025; effective January 1, 2026.

Plain-English summary, written with AI assistance. The official text controls.

What it means for business

Studios, producers and advertisers: replica clauses lacking a specific use description, where the performer had no negotiating counsel or covering union contract, are unenforceable only for new replica performances fixed on or after January 1, 2026, and not when uses fit the contract.

Key provisions

1. 1Amends Section 10 of the Digital Voice and Likeness Protection Act (815 ILCS 550/10), enacted by Public Act 103-0830 in 2024
2. 2Existing rule: a provision in an agreement for personal or professional services is unenforceable if it allows creating and using a digital replica of the individual's voice or likeness in place of work the individual would otherwise have performed in person and does not include a reasonably specific description of the intended uses
3. 3The rule does not apply if the individual was represented by legal counsel who negotiated the licensing of the digital replica rights in a written agreement, or by a labor union representing workers who do the proposed work whose collective bargaining agreement expressly covers digital replica uses (the act changes "individual's" to "labor union's" agreement)
4. 4Unenforceability now applies only as it relates to a new performance by a digital replica fixed on or after January 1, 2026; the words "contrary to public policy and is deemed" are deleted
5. 5A missing description of intended uses does not make a provision unenforceable when the replica's uses are consistent with the contract terms and the fundamental character of the photography or sound track as recorded or performed
6. 6Other contract provisions, and exclusivity grants contained in or related to a covered provision, are not affected
7. 7Approved by the Governor August 15, 2025 (Public Act 104-0282); effective January 1, 2026

Latest legislative action

Aug 15, 2025. Public Act . . . . . . . . . 104-0282

Sponsors

Roll call votes

Related and companion bills

• Illinois SB3705DIGITAL LIKENESS PROTECTION