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IL HB5594: PROTECT IMAGE-VOICE-LOOKS

Dead/Failed Illinois · 2023–2024 session

Last verified May 1, 2026 · official bill text

HB5594 · where it stands

This bill did not become law (dead/failed) · last action Apr 5, 2024.

What do these statuses mean?
Introduced
Filed in the legislature; may be waiting for a committee hearing.
Passed a chamber
Approved by one or both chambers; awaiting further action.
Signed / enacted
Signed into law; it may or may not be in effect yet.
In effect
The effective date has passed.
Dead / vetoed
Vetoed, failed, or the session ended without action.

In one paragraph

The NO FAKES Act allows civil actions for unauthorized use of digital replicas of individuals' likenesses, with specified damages.

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

What it means for business

If you use AI to create digital replicas, ensure consent or face lawsuits and damages.

What this means

The NO FAKES Act in Illinois enables individuals and rights holders to sue for unauthorized use of digital replicas of their likenesses. It defines 'digital replica' and outlines who can bring a lawsuit and the potential damages, including punitive damages for willful violations.

Key provisions

  1. Section 5: Defines 'digital replica' and establishes rights to authorize use.
  2. Section 5(b): Details the right to authorize digital replicas as a property right.
  3. Section 5(c): Establishes liability for unauthorized use of digital replicas.
  4. Section 5(d): Allows civil actions with a three-year statute of limitations.
  5. Section 5(e): Clarifies that the Act does not preempt other legal rights.

Compliance checklist

  • Obtain consent from individuals before using their digital replicas. Who: Businesses and creators using digital replicas. Penalty: At least $5,000 per violation.
  • Review and update contracts with sound recording artists regarding digital likeness rights. Who: Music and entertainment companies. Penalty: Potential damages and legal fees.

Latest legislative action

Apr 5, 2024. Rule 19(a) / Re-referred to Rules Committee

Full analysis

The Nurture Originals, Foster Art, and Keep Entertainment Safe Act, also known as the NO FAKES Act, establishes a civil cause of action for unauthorized use of digital replicas of an individual's image, voice, or visual likeness. According to Section 5, a 'digital replica' is defined as a computer-generated representation that is nearly indistinguishable from the actual likeness of an individual and is used in sound recordings or audiovisual works where the individual did not perform. The Act allows individuals, rights holders, and those with exclusive contracts with sound recording artists to bring a lawsuit within three years of discovering the violation. Recoverable damages include the greater of $5,000 per violation or actual damages, with the possibility of punitive damages for willful violations involving malice, fraud, or oppression. Reasonable attorney's fees may also be awarded. The Act does not limit other legal protections against unauthorized use of likenesses and is considered intellectual property law under the Communications Act of 1934.

Sponsors

NameRoleDistrict
D Sponsor HD-021
D Sponsor HD-013
D Sponsor HD-016
D Sponsor HD-077

Topics and industries

Related topics

AI Deepfakes

Affected industries

MediaTechnology

This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error

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