How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(a) 1 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 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 replicadigital replicaAs defined in the Digital Voice and Likeness Protection Act (815 ILCS 550). The term is referenced throughout Section 10 but is defined elsewhere in the Act, not in this amendment.815 ILCS 550 (referenced); and (3) the individual was not either: (A) represented by legal counsel who negotiated on behalf of the individual licensing his or her digital replicadigital replicaAs defined in the Digital Voice and Likeness Protection Act (815 ILCS 550). The term is referenced throughout Section 10 but is defined elsewhere in the Act, not in this amendment.815 ILCS 550 (referenced) rights and the licensing terms governing the use of the applicable digital replicadigital replicaAs defined in the Digital Voice and Likeness Protection Act (815 ILCS 550). The term is referenced throughout Section 10 but is defined elsewhere in the Act, not in this amendment.815 ILCS 550 (referenced) 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 collective bargaining agreement expressly covers uses of digital replicasdigital replicaAs defined in the Digital Voice and Likeness Protection Act (815 ILCS 550). The term is referenced throughout Section 10 but is defined elsewhere in the Act, not in this amendment.815 ILCS 550 (referenced) 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 replicadigital replicaAs defined in the Digital Voice and Likeness Protection Act (815 ILCS 550). The term is referenced throughout Section 10 but is defined elsewhere in the Act, not in this amendment.815 ILCS 550 (referenced) as described in paragraph (2) of subsection (a) shall not render a provision in an agreement unenforceable when the uses of the digital replicadigital replicaAs defined in the Digital Voice and Likeness Protection Act (815 ILCS 550). The term is referenced throughout Section 10 but is defined elsewhere in the Act, not in this amendment.815 ILCS 550 (referenced) 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).
This section establishes when a contractual provision allowing the creation and use of a digital replica of an individual's voice or likeness in place of personal performance is unenforceable. The amendment narrows the original Act's broad unenforceability rule to apply only to new performances fixed on or after January 1, 2026. A provision is unenforceable only when all three conditions are met: the provision substitutes a digital replica for in-person work, lacks a reasonably specific description of intended uses, and the individual was not represented by counsel or a labor union whose collective bargaining agreement covers digital replicas.
The amendment adds two new subsections. Subsection (b) creates a safe harbor: even without a specific use description, a provision remains enforceable if the digital replica uses are consistent with the contract terms and the fundamental character of the original recording or performance. Subsection (c) is a savings clause clarifying that the unenforceability rule does not affect other contract provisions or related exclusivity grants.
This Act takes effect January 1, 2026.
This section establishes that the Act takes effect January 1, 2026.