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AI Summary
The NO FAKES Act allows civil actions for unauthorized use of digital replicas of individuals' likenesses, with specified damages.
Business Impact
If you use AI to create digital replicas, ensure consent or face lawsuits and damages.
What do these statuses mean? ▼
Introduced
— Filed in the legislature; not yet heard in committee
In Committee
— Assigned to and being reviewed by a legislative committee
Passed
— Approved by one or both chambers; awaiting further action
Signed / Enacted
— Signed into law by the governor; may or may not be in effect yet
Dead / Vetoed
— Vetoed, failed to pass, or session expired without action
Unknown
— Status data not yet available or awaiting classification
Affected Industries
Topics How we classify →
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
- Section 5: Defines 'digital replica' and establishes rights to authorize use.
- Section 5(b): Details the right to authorize digital replicas as a property right.
- Section 5(c): Establishes liability for unauthorized use of digital replicas.
- Section 5(d): Allows civil actions with a three-year statute of limitations.
- Section 5(e): Clarifies that the Act does not preempt other legal rights.
Latest Legislative Action
Rule 19(a) / Re-referred to Rules Committee
Bill Sponsors
| Name | Role | District |
|---|---|---|
| Abdelnasser Rashid D | Sponsor | HD-021 |
| Hoan Huynh D | Sponsor | HD-013 |
| Kevin Olickal D | Sponsor | HD-016 |
| Norma Hernandez D | Sponsor | HD-077 |
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.
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.
Who: Music and entertainment companies.
Penalty: Potential damages and legal fees.
Full Legal 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.
Official Source
Official Bill Text
View HB5594 on official legislature website →
Related Topics
Affected Industries
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