Illinois General Assembly - Bill Status for HB4875

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.

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