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| Public Act 104-0282 | ||||
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AN ACT concerning business. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 5. The Digital Voice and Likeness Protection Act | ||||
is amended by changing Section 10 as follows: | ||||
(815 ILCS 550/10) | ||||
Sec. 10. Unenforceable agreements. | ||||
(a) A provision in an agreement between an individual and | ||||
any other person for the performance of personal or | ||||
professional services is contrary to public policy and is | ||||
deemed unenforceable only as it relates to a new performance, | ||||
fixed on or after January 1, 2026, by a digital replica of an | ||||
individual if the provision meets all of the following | ||||
conditions: | ||||
(1) the provision allows for the creation and use of a | ||||
digital replica of the individual's voice or likeness in | ||||
place of work the individual would otherwise have | ||||
performed in person; | ||||
(2) the provision does not include a reasonably | ||||
specific description of the intended uses of the digital | ||||
replica; and | ||||
(3) the individual was not either: | ||||
(A) represented by legal counsel who negotiated on | ||||
behalf of the individual licensing his or her digital | ||
replica rights and the licensing terms governing the | ||
use of the applicable digital replica exist in a | ||
written agreement; or | ||
(B) represented by a labor union representing | ||
workers who do the proposed work and the terms of the | ||
labor union's individual's collective bargaining | ||
agreement expressly covers uses of digital replicas as | ||
that term is defined in this Act or in the individual's | ||
collective bargaining agreement. | ||
(b) The failure to include a reasonably specific | ||
description of the intended uses of a digital replica as | ||
described in paragraph (2) of subsection (a) 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. | ||
(c) This Section does not affect any provision of a | ||
contract other than a provision described in subsection (a) | ||
and does not impact, abrogate, or otherwise affect any | ||
exclusivity grants contained in, or related to, a provision | ||
subject to subsection (a). | ||
(Source: P.A. 103-830, eff. 8-9-24.) | ||
Section 99. Effective date. This Act takes effect January | ||
1, 2026. | ||