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IL HB3178

IL HB3178
DIGITAL PROTECT-USE OF REPLICA


summary

Introduced
02/06/2025
In Committee
05/01/2025
Crossed Over
04/09/2025
Passed
08/15/2025
Dead
Signed/Enacted/Adopted
08/15/2025

Introduced Session

104th General Assembly

Bill Summary

Amends 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 unenforceable only as it relates to a new performance, fixed on or after January 1, 2026, by a digital replica of an individual if specified conditions are satisfied. Provides that the failure to include a reasonably specific description of the intended uses of a digital replica shall not render a provision in an agreement unenforceable when the uses of the digital replica are consistent with the terms of the contract for the performance of personal or professional services and the fundamental character of the photography or sound track as recorded or performed. Provides that the requirements do not affect any other provision of a contract. Makes other changes. Effective January 1, 2026.

AI Summary

This bill amends the Digital Voice and Likeness Protection Act to provide clearer guidelines about the use of digital replicas (computer-generated versions of an individual's voice or likeness) in professional agreements. The bill specifies that certain provisions in service contracts will be unenforceable only for new digital replica performances created on or after January 1, 2026, under specific conditions. These conditions include situations where the agreement allows a digital replica to replace in-person work, lacks a detailed description of the replica's intended uses, and the individual was not represented by legal counsel or a labor union during negotiations. The bill also clarifies that if the digital replica's uses are consistent with the original contract's terms and the fundamental character of the original performance, the lack of a specific description will not automatically invalidate the agreement. Importantly, the bill does not affect other contract provisions or existing exclusivity agreements, and it aims to provide more protection for individuals whose digital likenesses might be used without clear consent or understanding.

Committee Categories

Justice

Sponsors (3)

Last Action

Public Act . . . . . . . . . 104-0282 (on 08/15/2025)

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