Bill Status of HB 4875   103rd General Assembly

Short Description:  PUBLICITY ACT-USE OF AI

House Sponsors
Rep. Jennifer Gong-Gershowitz-Daniel Didech-Jawaharial Williams-Sharon Chung-Jehan Gordon-Booth, Terra Costa Howard, Jenn Ladisch Douglass, Kam Buckner, Harry Benton, Marcus C. Evans, Jr., Cyril Nichols, Abdelnasser Rashid, Anne Stava-Murray, Dagmara Avelar, Hoan Huynh, Emanuel "Chris" Welch, Diane Blair-Sherlock, Nabeela Syed, Katie Stuart, Robert "Bob" Rita, Stephanie A. Kifowit, Travis Weaver, Sue Scherer, Kevin John Olickal, Suzanne M. Ness, Yolonda Morris, Camille Y. Lilly, Kimberly Du Buclet and Janet Yang Rohr

Senate Sponsors
(Sen. Mary Edly-Allen, Steve Stadelman, Doris Turner, Laura Fine, Christopher Belt, Julie A. Morrison-Adriane Johnson, Mike Simmons, Laura M. Murphy, Suzy Glowiak Hilton, Meg Loughran Cappel, Michael W. Halpin, Laura Ellman, Seth Lewis and Lakesia Collins)


Last Action  View All Actions

DateChamber Action
  8/9/2024HousePublic Act . . . . . . . . . 103-0836

Statutes Amended In Order of Appearance
765 ILCS 1075/5
765 ILCS 1075/20
765 ILCS 1075/30

Synopsis As Introduced
Amends the Right of Publicity Act. Grants additional enforcement rights and remedies to recording artists. Provides for the liability of any person who materially contributes to, induces, or otherwise facilitates a violation of a specified provision of the Act by another party after having reason to know that the other party is in violation. Defines "artificial intelligence" and "generative artificial intelligence". Changes the definition of "commercial purpose" and "identity".

House Committee Amendment No. 1
In a subsection concerning enforcement of rights and remedies by recording artists, limits reference to "enforcement of rights and remedies" (rather than "exercise and enforcement of rights and remedies").

House Floor Amendment No. 2
Adds reference to:
765 ILCS 1075/35

Replaces everything after the enacting clause with the provisions of the bill as introduced with these changes. Changes the definition of "artificial Intelligence" to also include "generative artificial intelligence". Changes the definition of "commercial purpose" to mean for the purpose of distributing, transmitting, or otherwise making available a sound recording or audiovisual work that contains a digital replica of an individual with knowledge that use of the identity was not authorized by the individual. Changes the definition of "identity" to mean any attribute of an individual that serves to identify that individual to an ordinary, reasonable viewer or listener. Defines "digital replica" to mean a newly-created, electronic representation of the identity of an actual individual created using a computer, algorithm, software, tool, artificial intelligence, or other technology that is fixed in a sound recording or audiovisual work in which that individual did not actually perform or appear. Provides that liability under the Act does not apply to a person that solely transmits or stores data or software, including any service provider, with respect to any unauthorized digital replica by reason of the storage at the direction of a user of material that resides on a system or network, if the person (1) (i) does not have actual knowledge that the material or an activity using the material on the system or network is unauthorized; (ii) is not aware of facts or circumstances from which unauthorized activity is apparent; or (iii) upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the material; and (2) does not receive a financial benefit directly attributable to the unauthorized activity; and (3) upon notification of claimed unauthorized activity, responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity. Incorporates all of the elements of the safe harbor provisions of federal law for qualifying online service providers for claims relating to unauthorized digital replicas, and that this exemption applies without regard to whether the unauthorized version infringes copyright. Prohibits the Act from being construed in a manner inconsistent with federal law providing protection for private blocking and screening of offensive material or any other federal law.

Senate Committee Amendment No. 2
Replaces everything after the enacting clause with the engrossed bill, with these changes. Restores the definition of "commercial purpose" to current law. Defines "digital replica" to mean a newly created, electronic representation of the voice, image or likeness of an actual individual created using a computer algorithm, software tool, artificial intelligence, or other technology that is fixed in a sound recording or audiovisual work in which that individual did not actually perform or appear, and which a reasonable person would believe is the individual's voice, image or likeness of the person being imitated. Defines "service provider" to mean any entity offering broadband services as used in the Broadband Advisory Council Act, a wireless carrier as defined by a specified federal law, or a telecommunications carrier as defined in the Public Utilities Act. Defines "person" to mean a natural or juristic person and a service provider may only constitute a person under this Act if the service provider created the unauthorized digital replica. Prohibits a person from distributing, transmitting, or making available to the general public a sound recording or audiovisual work that contains a digital replica of an individual with actual knowledge that the use of the digital replica was not authorized by the individual. Provides that this liability does not apply to the use of identity or digital replica in the following: (1) news, public affairs, or a sports broadcast or account, or any political campaign; (2) for a purpose that has political, public interest, educational, or newsworthy value, unless use of the audiovisual digital replica is intended to create, and does create, the false impression that the work is an authentic recording in which the individual participated; (3) use of a digital replica to depict the individual in a documentary, docudrama, or historical or biographical audiovisual work, or any other representation of the individual as such individual, regardless of the degree of fictionalization, unless the use of the audiovisual digital replica creates the false impression to a reasonable viewer or listener that the digital replica is an authentic recording or that the individual participated in the work; (4) use of digital replica for the purposes of comment, criticism, scholarship, satire, or parody; or (5) certain promotional materials, advertisements, or commercial announcements for certain use. Provides that the provisions of the amendatory Act do not apply to any action filed before, nor to any action pending on, its effective date.

Senate Floor Amendment No. 3
Replaces everything after the enacting clause with the engrossed bill with these changes, and makes the following changes. Restores the definition of "commercial purpose" to current law. Changes the definitions of "digital replica" and "person". Defines "service provider" and "unauthorized digital replica". Prohibits a person from distributing, transmitting, or making available to the general public a sound recording or audiovisual work that contains a digital replica of an individual with actual knowledge that the use of the digital replica was not authorized by the individual. Provides that this liability does not apply to the use of identity or digital replica in the following: (1) news, public affairs, or a sports broadcast or account, or any political campaign; (2) for a purpose that has political, public interest, educational, or newsworthy value, unless use of the audiovisual digital replica is intended to create, and does create, the false impression that the work is an authentic recording in which the individual participated; (3) use of a digital replica to depict the individual in a documentary, docudrama, or historical or biographical audiovisual work, or any other representation of the individual as such individual, regardless of the degree of fictionalization, unless the use of the audiovisual digital replica creates the false impression to a reasonable viewer or listener that the digital replica is an authentic recording or that the individual participated in the work; (4) use of digital replica for the purposes of comment, criticism, scholarship, satire, or parody; or (5) certain promotional materials, advertisements, or commercial announcements for certain use. Provides that the provisions of the amendatory Act do not apply to any action filed before, nor to any action pending on, its effective date. Makes other changes.

Actions 
DateChamber Action
  2/6/2024HouseFiled with the Clerk by Rep. Jennifer Gong-Gershowitz
  2/7/2024HouseFirst Reading
  2/7/2024HouseReferred to Rules Committee
  2/28/2024HouseAssigned to Judiciary - Civil Committee
  2/28/2024HouseAdded Chief Co-Sponsor Rep. Daniel Didech
  3/5/2024HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Jennifer Gong-Gershowitz
  3/5/2024HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/6/2024HouseAdded Co-Sponsor Rep. Terra Costa Howard
  3/6/2024HouseAdded Co-Sponsor Rep. Jenn Ladisch Douglass
  3/6/2024HouseAdded Chief Co-Sponsor Rep. Jawaharial Williams
  3/6/2024HouseAdded Co-Sponsor Rep. Kam Buckner
  3/6/2024HouseAdded Co-Sponsor Rep. Harry Benton
  3/6/2024HouseAdded Co-Sponsor Rep. Marcus C. Evans, Jr.
  3/6/2024HouseAdded Co-Sponsor Rep. Cyril Nichols
  3/6/2024HouseAdded Chief Co-Sponsor Rep. Sharon Chung
  3/12/2024HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Civil Committee
  3/12/2024HouseAdded Co-Sponsor Rep. Abdelnasser Rashid
  3/12/2024HouseAdded Co-Sponsor Rep. Anne Stava-Murray
  3/13/2024HouseAdded Co-Sponsor Rep. Dagmara Avelar
  3/13/2024HouseHouse Committee Amendment No. 1 Adopted in Judiciary - Civil Committee; by Voice Vote
  3/13/2024HouseDo Pass as Amended / Short Debate Judiciary - Civil Committee; 011-003-000
  3/13/2024HousePlaced on Calendar 2nd Reading - Short Debate
  3/20/2024HouseAdded Co-Sponsor Rep. Hoan Huynh
  4/1/2024HouseAdded Co-Sponsor Rep. Emanuel "Chris" Welch
  4/5/2024HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Jennifer Gong-Gershowitz
  4/5/2024HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/10/2024HouseAdded Co-Sponsor Rep. Diane Blair-Sherlock
  4/11/2024HouseAdded Co-Sponsor Rep. Nabeela Syed
  4/12/2024HouseAdded Co-Sponsor Rep. Katie Stuart
  4/15/2024HouseAdded Co-Sponsor Rep. Robert "Bob" Rita
  4/15/2024HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary - Civil Committee
  4/15/2024HouseAdded Co-Sponsor Rep. Stephanie A. Kifowit
  4/15/2024HouseAdded Co-Sponsor Rep. Travis Weaver
  4/15/2024HouseAdded Co-Sponsor Rep. Sue Scherer
  4/16/2024HouseHouse Floor Amendment No. 2 Recommends Be Adopted Judiciary - Civil Committee; 009-005-000
  4/17/2024HouseSecond Reading - Short Debate
  4/17/2024HouseHeld on Calendar Order of Second Reading - Short Debate
  4/18/2024HouseAdded Chief Co-Sponsor Rep. Jehan Gordon-Booth
  4/18/2024HouseAdded Co-Sponsor Rep. Kevin John Olickal
  4/18/2024HouseHouse Floor Amendment No. 2 Adopted
  4/18/2024HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/18/2024HouseThird Reading - Short Debate - Passed 079-024-000
  4/18/2024HouseAdded Co-Sponsor Rep. Suzanne M. Ness
  4/19/2024SenateArrive in Senate
  4/19/2024SenatePlaced on Calendar Order of First Reading
  4/19/2024SenateChief Senate Sponsor Sen. Mary Edly-Allen
  4/19/2024SenateFirst Reading
  4/19/2024SenateReferred to Assignments
  4/30/2024SenateAssigned to Judiciary
  4/30/2024SenateRule 2-10 Committee Deadline Established As May 10, 2024
  5/1/2024SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Mary Edly-Allen
  5/1/2024SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/3/2024SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Mary Edly-Allen
  5/3/2024SenateSenate Committee Amendment No. 2 Referred to Assignments
  5/7/2024SenateSenate Committee Amendment No. 2 Assignments Refers to Judiciary
  5/7/2024SenateSenate Committee Amendment No. 1 Pursuant to Senate Rule 3-8(b-1), the following amendment will remain in the Committee on Assignments:
  5/7/2024SenateAdded as Alternate Co-Sponsor Sen. Steve Stadelman
  5/7/2024SenateAdded as Alternate Co-Sponsor Sen. Doris Turner
  5/7/2024SenateAdded as Alternate Co-Sponsor Sen. Laura Fine
  5/7/2024SenateAdded as Alternate Co-Sponsor Sen. Christopher Belt
  5/7/2024SenateAdded as Alternate Co-Sponsor Sen. Julie A. Morrison
  5/7/2024SenateAdded as Alternate Chief Co-Sponsor Sen. Adriane Johnson
  5/7/2024SenateAdded as Alternate Co-Sponsor Sen. Mike Simmons
  5/7/2024SenateAdded as Alternate Co-Sponsor Sen. Laura M. Murphy
  5/7/2024SenateAdded as Alternate Co-Sponsor Sen. Suzy Glowiak Hilton
  5/7/2024SenateSenate Committee Amendment No. 2 Adopted
  5/8/2024SenateDo Pass as Amended Judiciary; 006-003-000
  5/8/2024SenatePlaced on Calendar Order of 2nd Reading May 9, 2024
  5/8/2024SenateAdded as Alternate Co-Sponsor Sen. Meg Loughran Cappel
  5/8/2024SenateAdded as Alternate Co-Sponsor Sen. Michael W. Halpin
  5/8/2024SenateAdded as Alternate Co-Sponsor Sen. Laura Ellman
  5/9/2024SenateSecond Reading
  5/9/2024SenatePlaced on Calendar Order of 3rd Reading
  5/9/2024SenateAdded as Alternate Co-Sponsor Sen. Seth Lewis
  5/14/2024SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Mary Edly-Allen
  5/14/2024SenateSenate Floor Amendment No. 3 Referred to Assignments
  5/14/2024SenateSenate Floor Amendment No. 3 Assignments Refers to Judiciary
  5/15/2024SenateSenate Floor Amendment No. 3 Recommend Do Adopt Judiciary; 009-000-000
  5/17/2024SenateRecalled to Second Reading
  5/17/2024SenateSenate Floor Amendment No. 3 Adopted; Edly-Allen
  5/17/2024SenatePlaced on Calendar Order of 3rd Reading
  5/17/2024SenateThird Reading - Passed; 058-000-000
  5/17/2024SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  5/17/2024SenateAdded as Alternate Co-Sponsor Sen. Lakesia Collins
  5/17/2024HouseArrived in House
  5/17/2024HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 2, 3
  5/20/2024HouseSenate Committee Amendment No. 2 Motion Filed Concur Rep. Jennifer Gong-Gershowitz
  5/20/2024HouseSenate Floor Amendment No. 3 Motion Filed Concur Rep. Jennifer Gong-Gershowitz
  5/20/2024HouseSenate Committee Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/20/2024HouseSenate Floor Amendment No. 3 Motion to Concur Referred to Rules Committee
  5/21/2024HouseSenate Committee Amendment No. 2 Motion to Concur Rules Referred to Judiciary - Civil Committee
  5/21/2024HouseSenate Floor Amendment No. 3 Motion to Concur Rules Referred to Judiciary - Civil Committee
  5/21/2024HouseSenate Committee Amendment No. 2 Motion to Concur Recommends Be Adopted Judiciary - Civil Committee; 013-000-000
  5/21/2024HouseSenate Floor Amendment No. 3 Motion to Concur Recommends Be Adopted Judiciary - Civil Committee; 013-000-000
  5/24/2024HouseSenate Committee Amendment No. 2 House Concurs 112-000-000
  5/24/2024HouseSenate Floor Amendment No. 3 House Concurs 112-000-000
  5/24/2024HouseHouse Concurs
  5/24/2024HousePassed Both Houses
  5/24/2024HouseAdded Co-Sponsor Rep. Yolonda Morris
  5/24/2024HouseAdded Co-Sponsor Rep. Camille Y. Lilly
  5/24/2024HouseAdded Co-Sponsor Rep. Kimberly Du Buclet
  5/24/2024HouseAdded Co-Sponsor Rep. Janet Yang Rohr
  6/21/2024HouseSent to the Governor
  8/9/2024HouseGovernor Approved
  8/9/2024HouseEffective Date January 1, 2025
  8/9/2024HousePublic Act . . . . . . . . . 103-0836

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