Illinois General Assembly - Full Text of HB4762
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Full Text of HB4762  103rd General Assembly



HB4762 EnrolledLRB103 37878 SPS 68009 b

1    AN ACT concerning business.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Digital Voice and Likeness Protection Act.
6    Section 5. Definitions.
7    "Artificial intelligence" means a machine-based system
8that, for explicit or implicit objectives, infers, from the
9input it receives, how to generate outputs such as
10predictions, content, recommendations, or decisions that can
11influence physical or virtual environments. "Artificial
12intelligence" includes generative artificial intelligence.
13    "Digital replica" means a newly created, electronic
14representation of the identity of an actual individual created
15using a computer, algorithm, software, tool, artificial
16intelligence, or other technology that is fixed in a sound
17recording or audiovisual work in which that individual did not
18actually perform or appear and that is so realistic that a
19reasonable observer would believe it is a performance by the
20individual being portrayed and no other individual.
21    "Generative artificial intelligence" means an automated
22computing system that, when prompted with human prompts,
23descriptions, or queries, can produce outputs that simulate



HB4762 Enrolled- 2 -LRB103 37878 SPS 68009 b

1human-produced content, including, but not limited to, the
3        (1) textual outputs, such as short answers, essays,
4    poetry, or longer compositions or answers;
5        (2) image outputs, such as fine art, photographs,
6    conceptual art, diagrams, and other images;
7        (3) multimedia outputs, such as audio or video in the
8    form of compositions, songs, or short-form or long-form
9    audio or video; and
10        (4) other content that would be otherwise produced by
11    human means.
12    Section 10. Unenforceable agreements.
13    (a) A provision in an agreement between an individual and
14any other person for the performance of personal or
15professional services is contrary to public policy and is
16deemed unenforceable if the provision meets all of the
17following conditions:
18        (1) the provision allows for the creation and use of a
19    digital replica of the individual's voice or likeness in
20    place of work the individual would otherwise have
21    performed in person;
22        (2) the provision does not include a reasonably
23    specific description of the intended uses of the digital
24    replica; and
25        (3) the individual was not either:



HB4762 Enrolled- 3 -LRB103 37878 SPS 68009 b

1            (A) represented by legal counsel who negotiated on
2        behalf of the individual licensing his or her digital
3        replica rights and the licensing terms governing the
4        use of the applicable digital replica exist in a
5        written agreement; or
6            (B) represented by a labor union representing
7        workers who do the proposed work and the terms of the
8        individual's collective bargaining agreement expressly
9        covers uses of digital replicas as that term is
10        defined in this Act or in the individual's collective
11        bargaining agreement.
12    Section 15. Application. This Act applies to agreements
13entered into after the effective date of this Act.
14    Section 99. Effective date. This Act takes effect upon
15becoming law.