(765 ILCS 1075/30) (Text of Section before amendment by P.A. 103-836) Sec. 30. Limitations regarding use of an individual's identity. (a) A person may not use an individual's identity for commercial
purposes during the individual's lifetime without having obtained previous
written consent from the appropriate person or persons specified in Section 20
of this Act or their
authorized representative. (b) If an individual's death occurs after the effective date
of this Act, a person may not use that individual's identity for commercial
purposes for 50 years after the date of the individual's death without having
obtained previous written consent from the appropriate person or persons
specified in Section 20 of
this Act.(Source: P.A. 90-747, eff. 1-1-99.) (Text of Section after amendment by P.A. 103-836) Sec. 30. Limitations regarding use of an individual's identity. (a) A person may not use an individual's identity for commercial purposes during the individual's lifetime without having obtained previous written consent from the appropriate person or persons specified in Section 20 of this Act or their authorized representative. (b) A person may not knowingly distribute, transmit, or make available to the general public a sound recording or audiovisual work with actual knowledge that the work contains an unauthorized digital replica. (c) If an individual's death occurs after the effective date of this Act, a person may not use that individual's identity or digital replica in violation of this Act for 50 years after the date of the individual's death without having obtained previous written consent from the appropriate person or persons specified in Section 20 of this Act. (d) Any person who materially contributes to, induces, or otherwise facilitates a violation of subsection (b) by another person after having obtained actual knowledge that the other person is infringing upon an individual's rights under this Section may be found liable for the violation. (e) Subsection (d) does not apply to a person that solely transmits, stores, or provides access to data or software, including interactive entertainment software, application software providers, or cloud service providers with respect to any unauthorized digital replica stored or transmitted at the direction of a user of material that resides on a system or network, if the person: (1) does not have actual knowledge that the material |
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(2) in the absence of such actual knowledge, does not
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| willfully disregard facts or circumstances that would create actual knowledge; or
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(3) upon obtaining actual knowledge, facts or
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| circumstances that would create actual knowledge, or written notification of claimed unauthorized activity, acts expeditiously to remove or disable access to the material that is the subject of infringing activity; if the person does not personally have the ability to remove or disable access to the material, the person acts expeditiously to notify the person that has the ability to remove or disable access to the material. As used in this subsection, "expeditiously" has the same meaning as it does in 17 U.S.C. 512.
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(f) Subject to the limitations in subsection (e), all of the elements of 17 U.S.C. 512 shall be incorporated mutatis mutandis with respect to claims relating to unauthorized digital replicas. This exemption shall apply without regard to whether the unauthorized version infringes copyright.
(g) Nothing in this Act may be construed in a manner inconsistent with 47 U.S.C. 230 or any other federal law.
(Source: P.A. 103-836, eff. 1-1-25.)
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