Full Text of SB2232 095th General Assembly
SB2232eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Right of Publicity Act is amended by | 5 |
| changing Sections 5, 10, 15, and 35 as follows:
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| (765 ILCS 1075/5)
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| Sec. 5. Definitions. As used in this Act:
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| "Commercial purpose" means the public use or holding out
of | 9 |
| an individual's identity (i) on or in connection with the | 10 |
| offering for sale
or sale of a product, merchandise, goods, or | 11 |
| services;
(ii) for purposes of advertising or promoting | 12 |
| products, merchandise, goods, or
services; or (iii) for the | 13 |
| purpose of fundraising.
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| "Identity" means any attribute of an individual that
serves | 15 |
| to
identify that individual to an ordinary, reasonable viewer | 16 |
| or listener,
including but not
limited to (i) name,
(ii) | 17 |
| signature, (iii) photograph, (iv) image, (v) likeness, or (vi) | 18 |
| voice.
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| "Individual" means a living or deceased natural person,
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| regardless of whether (i) the identity of that individual has | 21 |
| been used for a
commercial purpose during the individual's | 22 |
| lifetime or (ii) the law of the domicile, residence, or | 23 |
| citizenship of the person at the time of death or otherwise |
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| recognizes a similar or identical property right .
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| "Juristic person" means a partnership, trust, estate,
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| corporation, unincorporated association, or other organization | 4 |
| capable of
suing and being sued in a court of law.
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| "Name" means the actual name or other name by which an
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| individual is known that is intended to identify that | 7 |
| individual.
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| "Person" means a natural or juristic person.
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| "Work of Fine Art" means
(i) a visual rendition including, | 10 |
| but not limited to, a painting, drawing,
sculpture, mosaic, | 11 |
| videotape, or photograph;
(ii) a work of calligraphy;
(iii) a | 12 |
| work of graphic art including, but not limited to, an etching,
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| lithograph, serigraph, or offset print;
(iv) a craft work in | 14 |
| materials including, but not limited to, clay, textile,
fiber, | 15 |
| wood, metal, plastic, or glass; or
(v) a work in mixed media | 16 |
| including, but not limited to, a collage,
assemblage, or work | 17 |
| consisting of any combination of items (i) through
(iv).
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| (Source: P.A. 90-747, eff. 1-1-99.)
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| (765 ILCS 1075/10)
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| Sec. 10. Recognition of right of publicity. The right to | 21 |
| control and to choose whether and how to use an individual's
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| identity for commercial purposes is recognized as each | 23 |
| individual's
right of publicity. This Act is intended to apply | 24 |
| to all personalities, living or deceased, regardless of | 25 |
| domicile or place of domicile at time of death.
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| (Source: P.A. 90-747, eff. 1-1-99.)
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| (765 ILCS 1075/15)
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| Sec. 15. Transferability, descendability, and | 4 |
| divisibility. The rights
under
this Act are property rights | 5 |
| that are freely transferable in whole or in part
to any person | 6 |
| either by written transfer, including but not limited to wills
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| and trusts, or by intestate succession only to an individual's | 8 |
| spouse, parents,
children, and grandchildren, except that the | 9 |
| rights under this Act are not
subject to levy or attachment and | 10 |
| may not be the subject of a security
interest. Nothing in this | 11 |
| Section limits the ability of any party to levy,
attach, or | 12 |
| obtain a security interest in the proceeds of the rights under | 13 |
| this
Act or the proceeds of the exercise of those rights. The | 14 |
| rights under this Act shall be deemed to have existed at the | 15 |
| time of a transfer or at the time of the death of any deceased | 16 |
| person or subsequent successor of his or her rights for the | 17 |
| purpose of determining the person or persons entitled to these | 18 |
| property rights as provided in this Section.
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| (Source: P.A. 90-747, eff. 1-1-99.)
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| (765 ILCS 1075/35)
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| Sec. 35. Applicability.
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| (a) This Act applies to acts or events that have a | 23 |
| substantial relationship to Illinois and take place after the | 24 |
| effective
date of this Act.
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| (b) This Act does not apply to the following:
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| (1) use of an individual's identity in an attempt to | 3 |
| portray, describe,
or impersonate that individual in a live | 4 |
| performance, a
single and original work of fine art, play, | 5 |
| book, article, musical work,
film, radio, television, or | 6 |
| other audio, visual, or audio-visual work,
provided that
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| the performance, work, play, book, article, or film does | 8 |
| not constitute in and
of itself a
commercial advertisement | 9 |
| for a product, merchandise, goods, or
services;
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| (2) use of an individual's identity for non-commercial | 11 |
| purposes, including
any news, public affairs, or sports | 12 |
| broadcast or account, or any political
campaign;
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| (3) use of an individual's name in truthfully | 14 |
| identifying the person as
the
author of a particular work | 15 |
| or program or the performer in a particular
performance;
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| (4) promotional materials, advertisements, or | 17 |
| commercial announcements
for a use described under | 18 |
| paragraph (1), (2), or (3) of this
subsection; or
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| (5) use of photographs, videotapes, and images by a | 20 |
| person, firm, or
corporation practicing the profession of | 21 |
| photography ("professional
photographer") to exhibit in or | 22 |
| about the professional photographer's
place of business or | 23 |
| portfolio, specimens of the professional
photographer's | 24 |
| work, unless the exhibition is continued by the
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| professional photographer after written notice objecting | 26 |
| to the exhibition has
been given by the individual |
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| portrayed ; or . | 2 |
| (6) use of an individual's identity by a person or | 3 |
| entity engaged in the business of licensing or transacting | 4 |
| of (i) intellectual property rights of any kind (including | 5 |
| without limitation copyrights) or (ii) rights to use | 6 |
| photographs, videotapes, sound recordings, and any other | 7 |
| materials, in any form; provided, however, this exception | 8 |
| does not apply when the person or entity expressly | 9 |
| authorizes the use of publicity rights governed by this Act | 10 |
| for a commercial purpose without the written consent | 11 |
| required by this Act.
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| (Source: P.A. 90-747, eff. 1-1-99.)
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| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.
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