HB4762 103RD GENERAL ASSEMBLY

LRB103 37878 SPS 68009 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4762

Introduced 2/6/2024, by Rep. Jennifer Gong-Gershowitz

SYNOPSIS AS INTRODUCED:

New Act

Creates the Digital Voice and Likeness Protection Act. Provides that a provision in an agreement between an individual and any other person for the performance of personal or professional services is contrary to public policy and is deemed unenforceable if the provision meets all of the following conditions: (1) the provision allows for the creation and use of a digital replica of the individual's voice or likeness in place of work the individual would otherwise have performed in person; (2) the provision does not clearly define and detail all of the proposed uses of the digital replica or the generative artificial intelligence system; and (3) the individual was not represented by legal counsel or by a labor union acting in a specified capacity. Provides that the Act shall apply retroactively. Provides that any person who is currently under, or has entered into, an agreement with an individual performing personal or professional services containing an unenforceable provision shall notify that individual in writing that the provision is unenforceable by January 1, 2025. Effective immediately.

A BILL FOR

AN ACT concerning business.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Digital Voice and Likeness Protection Act.

Section 5. Unenforceable agreements.

(a) A provision in an agreement between an individual and any other person for the performance of personal or professional services is contrary to public policy and is deemed unenforceable if the provision meets all of the following conditions:

(1) the provision allows for the creation and use of a digital replica of the individual's voice or likeness in place of work the individual would otherwise have performed in person;

(2) the provision does not clearly define and detail all of the proposed uses of the digital replica or the generative artificial intelligence system; and

(3) the individual was not represented in either of the following manners:

(A) represented by legal counsel who negotiated on behalf of the individual licensing his or her digital replica rights and the licensing terms exist in a standalone written agreement; or

(B) represented by a labor union representing workers who do the proposed work and the terms of his or her collective bargaining agreement expressly covers uses of digital replicas and generative artificial intelligence systems.

(b) This Act shall apply retroactively.

(c) Any person who is currently under, or has entered into, an agreement with an individual performing personal or professional services containing a provision as described in subsection (a) shall notify that individual in writing that the provision is unenforceable by January 1, 2025.

Section 99. Effective date. This Act takes effect upon becoming law.