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Illinois HB4762 addresses digital likeness protection by requiring agreements to specify intended uses of digital replicas. It also includes provisions related to collective bargaining agreements.
Key Provisions
Section 10(a)(2): Agreements must include a reasonably specific description of intended uses of digital replicas.
Section 10(a)(3): Individuals must be represented by legal counsel or a labor union for agreements to be enforceable.
Section 15: The Act applies to agreements entered into after the effective date.
Latest Legislative Action
Public Act . . . . . . . . . 103-0830
Bill Sponsors (showing 5 of 19)
Name
Role
District
Adriane JohnsonD
Sponsor
SD-030
Cristina CastroD
Sponsor
SD-022
Emanuel WelchD
Sponsor
HD-007
Emil JonesD
Sponsor
SD-014
Hoan HuynhD
Sponsor
HD-013
Javier CervantesD
Sponsor
SD-001
Jenn Ladisch DouglassD
Sponsor
HD-045
Jennifer Gong-GershowitzD
Sponsor
HD-017
Laura MurphyD
Sponsor
SD-028
Mary Edly-AllenD
Sponsor
SD-031
Maurice WestD
Sponsor
HD-067
Meg Loughran CappelD
Sponsor
SD-049
Michael HastingsD
Sponsor
SD-019
Michelle MussmanD
Sponsor
HD-056
Rachel VenturaD
Sponsor
SD-043
Stephanie KifowitD
Sponsor
HD-084
Sue SchererD
Sponsor
HD-096
Thaddeus JonesD
Sponsor
HD-029
Travis WeaverR
Sponsor
HD-093
Roll Call Votes
H ·
Concurrence in House ·
May 24, 2024
115 Yea 0 NayPassed ✓
S ·
Third Reading: in Senate ·
May 15, 2024
55 Yea 0 Nay 4 OtherPassed ✓
H ·
Third Reading: in House ·
Apr 18, 2024
108 Yea 0 Nay 3 OtherPassed ✓
Amendments (4)
House Amendment 001Pending2024-03-05
House Amendment 002Pending2024-04-05
House Amendment 003Pending2024-04-10
Senate Amendment 001Pending2024-04-30
Compliance Checklist
Include specific descriptions of intended uses in agreements for digital replicas. Who: Individuals and entities using digital replicas. Penalty: Vague agreements may be deemed unenforceable.
Full Legal Analysis
HB4762, now Public Act 103-0830, establishes that any agreement involving the use of a digital replica must include a reasonably specific description of its intended uses. This requirement is aimed at preventing the exploitation of individuals' digital likenesses without clear consent. The Act defines 'digital replica' as an electronic representation of an individual's identity created using technology, including artificial intelligence, that appears realistic to a reasonable observer. The bill also addresses collective bargaining agreements, ensuring that the terms covering digital replicas are explicitly included. The Act applies to agreements entered into after its effective date, which is immediate. The bill does not specify penalties for non-compliance but deems non-specific agreements unenforceable.
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