Illinois General Assembly - Full Text of SB3325
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Full Text of SB3325  103rd General Assembly



State of Illinois
2023 and 2024


Introduced 2/7/2024, by Sen. Mary Edly-Allen


765 ILCS 1075/5
765 ILCS 1075/20
765 ILCS 1075/30

    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".

LRB103 38764 JRC 68901 b





SB3325LRB103 38764 JRC 68901 b

1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Right of Publicity Act is amended by
5changing Sections 5, 20, and 30 as follows:
6    (765 ILCS 1075/5)
7    Sec. 5. Definitions. As used in this Act:
8    "Artificial intelligence" means a machine-based system
9that can make predictions, recommendations, or decisions
10influencing real or virtual environments for a given set of
11human-defined objectives. "Artificial intelligence" includes
12generative artificial intelligence.
13    "Commercial purpose" means the public use or holding out
14of an individual's identity (i) on or in connection with the
15offering for sale or sale of a product, merchandise, goods, or
16services; (ii) for purposes of advertising or promoting
17products, merchandise, goods, or services; or (iii) for the
18purpose of fundraising; or (iv) for the purposes of
19distributing, transmitting, or otherwise making available a
20sound recording or audiovisual work that contains a simulated
21or artificially created version of an individual's identity,
22as a substitute for, in place of, or in a competitive fashion
23with, a sound recording or audiovisual work the individual



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1would otherwise have personally created using the individual's
3    "Generative artificial intelligence" means an automated
4computing system that, when prompted with human prompts,
5descriptions, or queries, can produce outputs that simulate
6human-produced content, including, but not limited to, the
8        (1) textual outputs, such as short answers, essays,
9    poetry, or longer compositions or answers;
10        (2) image outputs, such as fine art, photographs,
11    conceptual art, diagrams, and other images;
12        (3) multimedia outputs, such as audio or video in the
13    form of compositions, songs, or short-form or long-form
14    audio or video; and
15        (4) other content that would be otherwise produced by
16    human means.
17    "Identity" means any attribute of an individual that
18occurs in any medium, that is readily identifiable and
19attributable to a particular individual, regardless of whether
20the attribute contains the actual attribute of an individual,
21a simulation of the attribute of an individual, or is created
22through the use of artificial intelligence, and that serves to
23identify that individual to an ordinary, reasonable viewer or
24listener, including but not limited to, (i) name, (ii)
25signature, (iii) photograph, (iv) image, (v) likeness, or (vi)



SB3325- 3 -LRB103 38764 JRC 68901 b

1    "Individual" means a living or deceased natural person,
2regardless of whether the identity of that individual has been
3used for a commercial purpose during the individual's
5    "Juristic person" means a partnership, trust, estate,
6corporation, unincorporated association, or other organization
7capable of suing and being sued in a court of law.
8    "Name" means the actual name or other name by which an
9individual is known that is intended to identify that
11    "Person" means a natural or juristic person.
12    "Work of Fine Art" means (i) a visual rendition including,
13but not limited to, a painting, drawing, sculpture, mosaic,
14videotape, or photograph; (ii) a work of calligraphy; (iii) a
15work of graphic art including, but not limited to, an etching,
16lithograph, serigraph, or offset print; (iv) a craft work in
17materials including, but not limited to, clay, textile, fiber,
18wood, metal, plastic, or glass; or (v) a work in mixed media
19including, but not limited to, a collage, assemblage, or work
20consisting of any combination of items (i) through (iv).
21(Source: P.A. 90-747, eff. 1-1-99.)
22    (765 ILCS 1075/20)
23    Sec. 20. Enforcement of rights and remedies.
24    (a) The rights and remedies set forth in this Act may be
25exercised and enforced by:



SB3325- 4 -LRB103 38764 JRC 68901 b

1        (1) an individual or his or her authorized
2    representative;
3        (2) a person to whom the recognized rights have been
4    transferred by written transfer under Section 15 of this
5    Act; or
6        (3) after the death of an individual who has not
7    transferred the recognized rights by written transfer
8    under this Act, any person or persons who possesses an
9    interest in those rights.
10    (a-5) In addition to the exercise and enforcement of
11rights and remedies in subsection (a), the rights and remedies
12set forth in this Act may, in the case of an individual who is
13a recording artist, be exercised and enforced by:
14        (1) the individual who is the recording artist; or
15        (2) a person who has entered into a contract for the
16    individual's exclusive personal services as a recording
17    artist or who has entered into a contract for an exclusive
18    license to distribute sound recordings that capture the
19    recording artist's audio performances.
20    (b) Each person described in paragraph (3) of subsection
21(a) shall make a proportional accounting to, and shall act at
22all times in good faith with respect to, any other person in
23whom the rights being enforced have vested.
24(Source: P.A. 90-747, eff. 1-1-99.)
25    (765 ILCS 1075/30)



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1    Sec. 30. Limitations regarding use of an individual's
3    (a) A person may not use an individual's identity for
4commercial purposes during the individual's lifetime without
5having obtained previous written consent from the appropriate
6person or persons specified in Section 20 of this Act or their
7authorized representative.
8    (b) If an individual's death occurs after the effective
9date of this Act, a person may not use that individual's
10identity for commercial purposes for 50 years after the date
11of the individual's death without having obtained previous
12written consent from the appropriate person or persons
13specified in Section 20 of this Act.
14    (c) Any person who materially contributes to, induces, or
15otherwise facilitates a violation of this Section by another
16person after having obtained knowledge or having reason to
17know that the other person is infringing upon an individual's
18rights under this Section may be found liable for the
19violation. This subsection (c) includes distributing,
20transmitting or otherwise making available an algorithm,
21software, tool, or other technology, service, or device the
22primary purpose or function of which is to produce the
23identity of particular, identified individuals.
24(Source: P.A. 90-747, eff. 1-1-99.)