SB2232 Engrossed LRB095 19199 AJO 45910 b

1     AN ACT concerning civil law.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Right of Publicity Act is amended by
5 changing Sections 5, 10, 15, and 35 as follows:
6     (765 ILCS 1075/5)
7     Sec. 5. Definitions. As used in this Act:
8     "Commercial purpose" means the public use or holding out of
9 an individual's identity (i) on or in connection with the
10 offering for sale or sale of a product, merchandise, goods, or
11 services; (ii) for purposes of advertising or promoting
12 products, merchandise, goods, or services; or (iii) for the
13 purpose of fundraising.
14     "Identity" means any attribute of an individual that serves
15 to identify that individual to an ordinary, reasonable viewer
16 or listener, including but not limited to (i) name, (ii)
17 signature, (iii) photograph, (iv) image, (v) likeness, or (vi)
18 voice.
19     "Individual" means a living or deceased natural person,
20 regardless of whether (i) the identity of that individual has
21 been used for a commercial purpose during the individual's
22 lifetime or (ii) the law of the domicile, residence, or
23 citizenship of the person at the time of death or otherwise



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1 recognizes a similar or identical property right.
2     "Juristic person" means a partnership, trust, estate,
3 corporation, unincorporated association, or other organization
4 capable of suing and being sued in a court of law.
5     "Name" means the actual name or other name by which an
6 individual is known that is intended to identify that
7 individual.
8     "Person" means a natural or juristic person.
9     "Work of Fine Art" means (i) a visual rendition including,
10 but not limited to, a painting, drawing, sculpture, mosaic,
11 videotape, or photograph; (ii) a work of calligraphy; (iii) a
12 work of graphic art including, but not limited to, an etching,
13 lithograph, serigraph, or offset print; (iv) a craft work in
14 materials including, but not limited to, clay, textile, fiber,
15 wood, metal, plastic, or glass; or (v) a work in mixed media
16 including, but not limited to, a collage, assemblage, or work
17 consisting of any combination of items (i) through (iv).
18 (Source: P.A. 90-747, eff. 1-1-99.)
19     (765 ILCS 1075/10)
20     Sec. 10. Recognition of right of publicity. The right to
21 control and to choose whether and how to use an individual's
22 identity for commercial purposes is recognized as each
23 individual's right of publicity. This Act is intended to apply
24 to all personalities, living or deceased, regardless of
25 domicile or place of domicile at time of death.



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1 (Source: P.A. 90-747, eff. 1-1-99.)
2     (765 ILCS 1075/15)
3     Sec. 15. Transferability, descendability, and
4 divisibility. The rights under this Act are property rights
5 that are freely transferable in whole or in part to any person
6 either by written transfer, including but not limited to wills
7 and trusts, or by intestate succession only to an individual's
8 spouse, parents, children, and grandchildren, except that the
9 rights under this Act are not subject to levy or attachment and
10 may not be the subject of a security interest. Nothing in this
11 Section limits the ability of any party to levy, attach, or
12 obtain a security interest in the proceeds of the rights under
13 this Act or the proceeds of the exercise of those rights. The
14 rights under this Act shall be deemed to have existed at the
15 time of a transfer or at the time of the death of any deceased
16 person or subsequent successor of his or her rights for the
17 purpose of determining the person or persons entitled to these
18 property rights as provided in this Section.
19 (Source: P.A. 90-747, eff. 1-1-99.)
20     (765 ILCS 1075/35)
21     Sec. 35. Applicability.
22     (a) This Act applies to acts or events that have a
23 substantial relationship to Illinois and take place after the
24 effective date of this Act.



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1     (b) This Act does not apply to the following:
2         (1) use of an individual's identity in an attempt to
3     portray, describe, or impersonate that individual in a live
4     performance, a single and original work of fine art, play,
5     book, article, musical work, film, radio, television, or
6     other audio, visual, or audio-visual work, provided that
7     the performance, work, play, book, article, or film does
8     not constitute in and of itself a commercial advertisement
9     for a product, merchandise, goods, or services;
10         (2) use of an individual's identity for non-commercial
11     purposes, including any news, public affairs, or sports
12     broadcast or account, or any political campaign;
13         (3) use of an individual's name in truthfully
14     identifying the person as the author of a particular work
15     or program or the performer in a particular performance;
16         (4) promotional materials, advertisements, or
17     commercial announcements for a use described under
18     paragraph (1), (2), or (3) of this subsection; or
19         (5) use of photographs, videotapes, and images by a
20     person, firm, or corporation practicing the profession of
21     photography ("professional photographer") to exhibit in or
22     about the professional photographer's place of business or
23     portfolio, specimens of the professional photographer's
24     work, unless the exhibition is continued by the
25     professional photographer after written notice objecting
26     to the exhibition has been given by the individual



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1     portrayed; or .
2         (6) use of an individual's identity by a person or
3     entity engaged in the business of licensing or transacting
4     of (i) intellectual property rights of any kind (including
5     without limitation copyrights) or (ii) rights to use
6     photographs, videotapes, sound recordings, and any other
7     materials, in any form; provided, however, this exception
8     does not apply when the person or entity expressly
9     authorizes the use of publicity rights governed by this Act
10     for a commercial purpose without the written consent
11     required by this Act.
12 (Source: P.A. 90-747, eff. 1-1-99.)
13     Section 99. Effective date. This Act takes effect upon
14 becoming law.