Full Text of HB4875 103rd General Assembly
HB4875sam002 103RD GENERAL ASSEMBLY | Sen. Mary Edly-Allen Filed: 5/3/2024 | | 10300HB4875sam002 | | LRB103 38718 JRC 73056 a |
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| 1 | | AMENDMENT TO HOUSE BILL 4875
| 2 | | AMENDMENT NO. ______. Amend House Bill 4875 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Right of Publicity Act is amended by | 5 | | changing Sections 5, 20, 30, and 35 as follows: | 6 | | (765 ILCS 1075/5) | 7 | | Sec. 5. Definitions. As used in this Act: | 8 | | "Artificial intelligence" means a machine-based system | 9 | | that, for explicit or implicit objectives, infers, from the | 10 | | input it receives, how to generate outputs such as | 11 | | predictions, content, recommendations, or decisions that can | 12 | | influence physical or virtual environments. "Artificial | 13 | | intelligence" includes generative artificial intelligence. | 14 | | "Commercial purpose" means the public use or holding out | 15 | | of an individual's identity (i) on or in connection with the | 16 | | offering for sale or sale of a product, merchandise, goods, or |
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| 1 | | services; (ii) for purposes of advertising or promoting | 2 | | products, merchandise, goods, or services; or (iii) for the | 3 | | purpose of fundraising. | 4 | | "Digital replica" means a newly created, electronic | 5 | | representation of the voice, image, or likeness of an actual | 6 | | individual created using a computer, algorithm, software, | 7 | | tool, artificial intelligence, or other technology that is | 8 | | fixed in a sound recording or audiovisual work in which that | 9 | | individual did not actually perform or appear, and which a | 10 | | reasonable person would believe is the individual's voice, | 11 | | image, or likeness being imitated. | 12 | | "Generative artificial intelligence" means an automated | 13 | | computing system that, when prompted with human prompts, | 14 | | descriptions, or queries, can produce outputs that simulate | 15 | | human-produced content, including, but not limited to, the | 16 | | following: | 17 | | (1) textual outputs, such as short answers, essays, | 18 | | poetry, or longer compositions or answers; | 19 | | (2) image outputs, such as fine art, photographs, | 20 | | conceptual art, diagrams, and other images; | 21 | | (3) multimedia outputs, such as audio or video in the | 22 | | form of compositions, songs, or short-form or long-form | 23 | | audio or video; and | 24 | | (4) other content that would be otherwise produced by | 25 | | human means. | 26 | | "Identity" means any attribute of an individual that |
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| 1 | | serves to identify that individual to an ordinary, reasonable | 2 | | viewer or listener, including but not limited to : (i) name, | 3 | | (ii) signature, (iii) photograph, (iv) image, (v) likeness, or | 4 | | (vi) voice. | 5 | | "Individual" means a living or deceased natural person, | 6 | | regardless of whether the identity of that individual has been | 7 | | used for a commercial purpose during the individual's | 8 | | lifetime. | 9 | | "Juristic person" means a partnership, trust, estate, | 10 | | corporation, unincorporated association, or other organization | 11 | | capable of suing and being sued in a court of law. | 12 | | "Name" means the actual name or other name by which an | 13 | | individual is known that is intended to identify that | 14 | | individual. | 15 | | "Person" means a natural or juristic person. A service | 16 | | provider shall only constitute a person under subsections (b) | 17 | | and (d) of Section 30 of this Act if the service provider | 18 | | created the unauthorized digital replica. | 19 | | "Service provider" means any entity offering broadband | 20 | | service as that term is used in Section 10 of the Broadband | 21 | | Advisory Council Act, a wireless carrier as defined by 47 | 22 | | U.S.C. 615b(4), or a telecommunication carrier as that term is | 23 | | used in Section 13-202 of the Public Utilities Act. | 24 | | "Work of Fine Art" means (i) a visual rendition including, | 25 | | but not limited to, a painting, drawing, sculpture, mosaic, | 26 | | videotape, or photograph; (ii) a work of calligraphy; (iii) a |
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| 1 | | work of graphic art including, but not limited to, an etching, | 2 | | lithograph, serigraph, or offset print; (iv) a craft work in | 3 | | materials including, but not limited to, clay, textile, fiber, | 4 | | wood, metal, plastic, or glass; or (v) a work in mixed media | 5 | | including, but not limited to, a collage, assemblage, or work | 6 | | consisting of any combination of items (i) through (iv). | 7 | | (Source: P.A. 90-747, eff. 1-1-99.) | 8 | | (765 ILCS 1075/20) | 9 | | Sec. 20. Enforcement of rights and remedies. | 10 | | (a) The rights and remedies set forth in this Act may be | 11 | | exercised and enforced by: | 12 | | (1) an individual or his or her authorized | 13 | | representative; | 14 | | (2) a person to whom the recognized rights have been | 15 | | transferred by written transfer under Section 15 of this | 16 | | Act; or | 17 | | (3) after the death of an individual who has not | 18 | | transferred the recognized rights by written transfer | 19 | | under this Act, any person or persons who possesses an | 20 | | interest in those rights. | 21 | | (a-5) In addition to the enforcement of rights and | 22 | | remedies in subsection (a), the rights and remedies set forth | 23 | | in this Act may, in the case of an individual who is a | 24 | | recording artist, be enforced by: | 25 | | (1) the individual who is the recording artist; or |
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| 1 | | (2) a person who has entered into a contract for the | 2 | | individual's exclusive personal services as a recording | 3 | | artist or who has entered into a contract for an exclusive | 4 | | license to distribute sound recordings that capture the | 5 | | recording artist's audio performances. | 6 | | (b) Each person described in paragraph (3) of subsection | 7 | | (a) shall make a proportional accounting to, and shall act at | 8 | | all times in good faith with respect to, any other person in | 9 | | whom the rights being enforced have vested. | 10 | | (Source: P.A. 90-747, eff. 1-1-99.) | 11 | | (765 ILCS 1075/30) | 12 | | Sec. 30. Limitations regarding use of an individual's | 13 | | identity. | 14 | | (a) A person may not use an individual's identity for | 15 | | commercial purposes during the individual's lifetime without | 16 | | having obtained previous written consent from the appropriate | 17 | | person or persons specified in Section 20 of this Act or their | 18 | | authorized representative. | 19 | | (b) A person may not distribute, transmit, or make | 20 | | available to the general public a sound recording or | 21 | | audiovisual work that contains a digital replica of an | 22 | | individual with actual knowledge that use of the digital | 23 | | replica was not authorized by the individual. | 24 | | (c) If an individual's death occurs after the effective | 25 | | date of this Act, a person may not use that individual's |
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| 1 | | identity or digital replica in violation of this Act for | 2 | | commercial purposes for 50 years after the date of the | 3 | | individual's death without having obtained previous written | 4 | | consent from the appropriate person or persons specified in | 5 | | Section 20 of this Act. | 6 | | (d) Any person who materially contributes to, induces, or | 7 | | otherwise facilitates a violation of subsection (b) of this | 8 | | Section by another person after having obtained actual | 9 | | knowledge that the other person is infringing upon an | 10 | | individual's rights under this Section may be found liable for | 11 | | the violation. This subsection (d) includes distributing, | 12 | | transmitting, or otherwise making available to the general | 13 | | public an algorithm, software, tool, or other technology | 14 | | service or device the primary purpose or function of which is | 15 | | to produce the identity of particular, identified individuals | 16 | | with actual knowledge that distributing, transmitting, or | 17 | | otherwise making available to the general public that identity | 18 | | was not authorized by the individual. | 19 | | (e) Subsection (d) does not apply to a person that solely | 20 | | transmits or stores data or software, including interactive | 21 | | entertainment software, with respect to any unauthorized | 22 | | digital replica stored or transmitted at the direction of a | 23 | | user of material that resides on a system or network, if the | 24 | | person: | 25 | | (1) does not have actual knowledge that the material | 26 | | or an activity using the material on the system or network |
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| 1 | | is unauthorized; | 2 | | (2) in the absence of such actual knowledge, is not | 3 | | aware of facts or circumstances from which unauthorized | 4 | | activity is apparent; or | 5 | | (3) upon obtaining actual knowledge, apparent | 6 | | knowledge, or written notification of claimed unauthorized | 7 | | activity, acts expeditiously to remove, or disable access | 8 | | to, the material that is the subject of infringing | 9 | | activity. As used in this subsection, "expeditiously" has | 10 | | the same meaning as it does in 17 U.S.C. 512. | 11 | | (f) Subject to the limitations in subsection (e), all of | 12 | | the elements of 17 U.S.C. 512 shall be incorporated mutatis | 13 | | mutandis with respect to claims relating to unauthorized | 14 | | digital replicas. This exemption shall apply without regard to | 15 | | whether the unauthorized version infringes copyright. | 16 | | (g) Nothing in this Act may be construed in a manner | 17 | | inconsistent with 47 U.S.C. 230 or any other federal law. | 18 | | (Source: P.A. 90-747, eff. 1-1-99.) | 19 | | (765 ILCS 1075/35) | 20 | | Sec. 35. Applicability. | 21 | | (a) This Act applies to acts or events that take place | 22 | | after the effective date of this Act. | 23 | | (b) Subsections (a) and (c) of Section 30 of this This Act | 24 | | do does not apply to the following: | 25 | | (1) use of an individual's identity in an attempt to |
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| 1 | | portray, describe, or impersonate that individual in a | 2 | | live performance, a single and original work of fine art, | 3 | | play, book, article, musical work, film, radio, | 4 | | television, or other audio, visual, or audio-visual work, | 5 | | provided that the performance, work, play, book, article, | 6 | | or film does not constitute in and of itself a commercial | 7 | | advertisement for a product, merchandise, goods, or | 8 | | services; | 9 | | (2) use of an individual's identity for non-commercial | 10 | | purposes, including any news, public affairs, or sports | 11 | | broadcast or account, or any political campaign; | 12 | | (3) use of an individual's name in truthfully | 13 | | identifying the person as the author of a particular work | 14 | | or program or the performer in a particular performance; | 15 | | (4) promotional materials, advertisements, or | 16 | | commercial announcements for a use described under | 17 | | paragraph (1), (2), or (3) of this subsection; or | 18 | | (5) use of photographs, videotapes, and images by a | 19 | | person, firm, or corporation practicing the profession of | 20 | | photography ("professional photographer") to exhibit in or | 21 | | about the professional photographer's place of business or | 22 | | portfolio, specimens of the professional photographer's | 23 | | work, unless the exhibition is continued by the | 24 | | professional photographer after written notice objecting | 25 | | to the exhibition has been given by the individual | 26 | | portrayed. |
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| 1 | | (c) Subsections (b) and (c) of Section 30 of this Act do | 2 | | not apply to the use of identity or digital replicas in the | 3 | | following: | 4 | | (1) news, public affairs, or a sports broadcast or | 5 | | account, or any political campaign; | 6 | | (2) for a purpose that has political, public interest, | 7 | | educational, or newsworthy value, unless use of the | 8 | | audiovisual digital replica is intended to create, and | 9 | | does create, the false impression that the work is an | 10 | | authentic recording in which the individual participated; | 11 | | (3) use of a digital replica to depict the individual | 12 | | in a documentary, docudrama, or historical or biographical | 13 | | audiovisual work, or any other representation of the | 14 | | individual as such individual, regardless of the degree of | 15 | | fictionalization, unless the use of the audiovisual | 16 | | digital replica creates the false impression to a | 17 | | reasonable viewer or listener that the digital replica is | 18 | | an authentic recording or that the individual participated | 19 | | in the work, including, for example, in a live performance | 20 | | of a musical work an individual did not participate in; | 21 | | (4) use of digital replica for the purposes of | 22 | | comment, criticism, scholarship, satire, or parody; or | 23 | | (5) promotional materials, advertisements, or | 24 | | commercial announcements for a use described in paragraphs | 25 | | (1), (2), (3), and (4) of this subsection. | 26 | | (d) The provisions of this amendatory Act of the 103rd |
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| 1 | | General Assembly do not apply to any action filed before, nor | 2 | | to any action pending on, its effective date. | 3 | | (Source: P.A. 90-747, eff. 1-1-99.)". |
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