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| | HB3178 Enrolled | | LRB104 10229 SPS 20303 b |
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| 1 | | AN ACT concerning business.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Digital Voice and Likeness Protection Act |
| 5 | | is amended by changing Section 10 as follows:
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| 6 | | (815 ILCS 550/10) |
| 7 | | Sec. 10. Unenforceable agreements. |
| 8 | | (a) A provision in an agreement between an individual and |
| 9 | | any other person for the performance of personal or |
| 10 | | professional services is contrary to public policy and is |
| 11 | | deemed unenforceable only as it relates to a new performance, |
| 12 | | fixed on or after January 1, 2026, by a digital replica of an |
| 13 | | individual if the provision meets all of the following |
| 14 | | conditions: |
| 15 | | (1) the provision allows for the creation and use of a |
| 16 | | digital replica of the individual's voice or likeness in |
| 17 | | place of work the individual would otherwise have |
| 18 | | performed in person; |
| 19 | | (2) the provision does not include a reasonably |
| 20 | | specific description of the intended uses of the digital |
| 21 | | replica; and |
| 22 | | (3) the individual was not either: |
| 23 | | (A) represented by legal counsel who negotiated on |
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| | HB3178 Enrolled | - 2 - | LRB104 10229 SPS 20303 b |
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| 1 | | behalf of the individual licensing his or her digital |
| 2 | | replica rights and the licensing terms governing the |
| 3 | | use of the applicable digital replica exist in a |
| 4 | | written agreement; or |
| 5 | | (B) represented by a labor union representing |
| 6 | | workers who do the proposed work and the terms of the |
| 7 | | labor union's individual's collective bargaining |
| 8 | | agreement expressly covers uses of digital replicas as |
| 9 | | that term is defined in this Act or in the individual's |
| 10 | | collective bargaining agreement. |
| 11 | | (b) The failure to include a reasonably specific |
| 12 | | description of the intended uses of a digital replica as |
| 13 | | described in paragraph (2) of subsection (a) shall not render |
| 14 | | a provision in an agreement unenforceable when the uses of the |
| 15 | | digital replica are consistent with the terms of the contract |
| 16 | | for the performance of personal or professional services and |
| 17 | | the fundamental character of the photography or sound track as |
| 18 | | recorded or performed. |
| 19 | | (c) This Section does not affect any provision of a |
| 20 | | contract other than a provision described in subsection (a) |
| 21 | | and does not impact, abrogate, or otherwise affect any |
| 22 | | exclusivity grants contained in, or related to, a provision |
| 23 | | subject to subsection (a). |
| 24 | | (Source: P.A. 103-830, eff. 8-9-24.)
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| 25 | | Section 99. Effective date. This Act takes effect January |
| 26 | | 1, 2026. |
