IL HB4762: DIGITAL LIKENESS PROTECTION

In one paragraph

Illinois' Public Act 103-0830 (HB 4762), the Digital Voice and Likeness Protection Act, makes a provision in an agreement for personal or professional services unenforceable if it allows a digital replica of the individual's voice or likeness to be created and used in place of work the individual would otherwise have performed in person, does not include a reasonably specific description of the intended uses, and the individual was represented by neither legal counsel nor a labor union as the act describes. It applies to agreements entered into after it took effect; Public Act 104-0282 narrowed it from January 1, 2026. Approved and effective August 9, 2024.

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

What it means for business

Personal-services contract clauses letting a digital replica replace a person's in-person work are unenforceable if they lack a reasonably specific description of uses and the person had no qualifying lawyer or union. Since 2026: new replica performances only; uses fitting the contract are excused.

Key provisions

1. 1Digital replica: a newly created, electronic representation of an actual individual's identity, created using a computer, algorithm, software, tool, artificial intelligence or other technology, fixed in a sound recording or audiovisual work in which the individual did not actually perform or appear, and so realistic that a reasonable observer would believe it is that individual's performance (Sec. 5)
2. 2Sec. 10: a provision is unenforceable if it meets all three conditions: it allows 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; it lacks a reasonably specific description of the replica's intended uses; and the individual lacked the representation below
3. 3Representation that takes a provision outside Sec. 10: legal counsel who negotiated the licensing of the individual's digital replica rights on the individual's behalf, with the licensing terms in a written agreement; or a labor union representing workers who do the proposed work, whose collective bargaining agreement expressly covers digital replica uses
4. 4Defines artificial intelligence (a machine-based system that infers from its input how to generate outputs such as predictions, content, recommendations or decisions, including generative AI) and generative AI
5. 5Applies to agreements entered into after the act's effective date (Sec. 15)
6. 6Amended by Public Act 104-0282 (HB 3178), effective January 1, 2026: Sec. 10 now applies only as it relates to a new performance fixed on or after January 1, 2026 by a digital replica; a missing description does not make a provision unenforceable when the replica's uses are consistent with the contract and the fundamental character of the photography or sound track as recorded or performed; other contract terms and exclusivity grants are unaffected
7. 7Approved August 9, 2024 (Public Act 103-0830); effective upon becoming law, August 9, 2024

Latest legislative action

Aug 9, 2024. Public Act . . . . . . . . . 103-0830

Sponsors (showing 5 of 19)

Roll call votes

Amendments (4)

• House Amendment 001 Not adopted 2024-03-05
• House Amendment 002 Not adopted 2024-04-05
• House Amendment 003 Not adopted 2024-04-10
• Senate Amendment 001 Not adopted 2024-04-30