IL HB4875: PUBLICITY ACT-USE OF AI

In one paragraph

Illinois' Public Act 103-0836 (HB 4875) amends the Right of Publicity Act. A person may not knowingly distribute, transmit or make available to the general public a sound recording or audiovisual work with actual knowledge that it contains an unauthorized digital replica: an imitation of a real person's voice, image or likeness made with AI or other technology and used without consent. Facilitators with actual knowledge may also be liable, subject to a notice-and-takedown safe harbor for hosts and cloud providers. Artists' exclusive labels and exclusive distribution licensees may also enforce. News, commentary and parody uses are exempt. Approved August 9, 2024; effective January 1, 2025.

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

What it means for business

Labels, distributors, platforms: knowingly distributing or making public a work with actual knowledge it contains an unauthorized digital replica violates the Act, subject to exemptions and 47 U.S.C. 230; hosts and cloud providers get a notice-and-takedown safe harbor from facilitation liability.

Key provisions

1. 1Digital replica: a newly created electronic representation of an actual individual's voice, image or likeness, made with a computer, algorithm, software, tool, AI or other technology, fixed in a sound recording or audiovisual work in which the individual did not actually perform or appear, that a reasonable person would believe is that individual's voice, image or likeness; unauthorized means used without consent of the person(s) entitled under Section 20
2. 2Section 30(b): a person may not knowingly distribute, transmit or make available to the general public a sound recording or audiovisual work with actual knowledge that the work contains an unauthorized digital replica
3. 3Section 30(d): anyone who materially contributes to, induces or otherwise facilitates a violation of 30(b) by another person, after obtaining actual knowledge that the other person is infringing, may be found liable; under 30(b) and 30(d), broadband, wireless and telecommunications service providers are covered only if they created the unauthorized replica, and data centers are not covered
4. 4Section 30(e)-(g): 30(d) does not apply to those that solely transmit, store or provide access to data or software (including application software providers and cloud service providers) for user-directed material if they lack actual knowledge, do not willfully disregard facts that would create it, or act expeditiously to remove or disable access on knowledge or written notice; the elements of 17 U.S.C. 512 are incorporated for replica claims, and the Act may not be construed inconsistently with 47 U.S.C. 230
5. 5Section 20(a-5): a recording artist, or a person holding a contract for the artist's exclusive personal services or an exclusive license to distribute sound recordings of the artist's performances, may enforce the Act; Section 30(c): the 50-year post-death protection now covers use of the individual's identity or digital replica in violation of the Act
6. 6Section 35(c): 30(b) and (c) do not apply to news, public affairs, sports or political campaigns, or to comment, criticism, scholarship, satire or parody; uses with political, public interest, educational or newsworthy value and documentary, docudrama, historical or biographical works are also exempt unless an audiovisual replica is intended to create, and does create, the false impression of an authentic recording or of the individual's participation; ads for exempt works are exempt
7. 7The amendments do not apply to actions filed before, or pending on, the effective date; the act also adds definitions of AI and generative AI
8. 8Approved by the Governor August 9, 2024 (Public Act 103-0836); effective January 1, 2025

Latest legislative action

Aug 9, 2024. Public Act . . . . . . . . . 103-0836

Sponsors (showing 5 of 44)

Roll call votes

Amendments (5)

• House Amendment 001 Not adopted 2024-03-05
• House Amendment 002 Not adopted 2024-04-05
• Senate Amendment 001 Not adopted 2024-05-01
• Senate Amendment 002 Not adopted 2024-05-03
• Senate Amendment 003 Not adopted 2024-05-14

Related and companion bills

• Illinois SB3325PUBLICITY ACT-USE OF AI