WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
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.
Sec. 5. Definitions. As used in this Act: "Artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments. "Artificial intelligence" includes generative artificial intelligence.765 ILCS 1075/5" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments. "Artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments. "Artificial intelligence" includes generative artificial intelligence.765 ILCS 1075/5" includes generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means an automated computing system that, when prompted with human prompts, descriptions, or queries, can produce outputs that simulate human-produced content, including, but not limited to, the following: (1) textual outputs, such as short answers, essays, poetry, or longer compositions or answers; (2) image outputs, such as fine art, photographs, conceptual art, diagrams, and other images; (3) multimedia outputs, such as audio or video in the form of compositions, songs, or short-form or long-form audio or video; and (4) other content that would be otherwise produced by human means.765 ILCS 1075/5. "Commercial purposeCommercial purpose"Commercial purpose" means the public use or holding out of an individual's identity (i) on or in connection with the offering for sale or sale of a product, merchandise, goods, or services; (ii) for purposes of advertising or promoting products, merchandise, goods, or services; or (iii) for the purpose of fundraising.765 ILCS 1075/5" means the public use or holding out of an individualIndividual"Individual" means a living or deceased natural person, regardless of whether the identity of that individual has been used for a commercial purpose during the individual's lifetime.765 ILCS 1075/5's identityIdentity"Identity" means any attribute of an individual that serves to identify that individual to an ordinary, reasonable viewer or listener, including but not limited to: (i) name, (ii) signature, (iii) photograph, (iv) image, (v) likeness, or (vi) voice.765 ILCS 1075/5 (i) on or in connection with the offering for sale or sale of a product, merchandise, goods, or services; (ii) for purposes of advertising or promoting products, merchandise, goods, or services; or (iii) for the purpose of fundraising. "Application software providerApplication software provider"Application software provider" means a person providing a digital distribution service for other software applications and that allows users to search for and download such applications.765 ILCS 1075/5" means a personPerson"Person" means a natural or juristic person. "Person" only includes a service provider under subsections (b) and (d) of Section 30 if the service provider created the unauthorized digital replica. "Person" does not include a data center, as defined by the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois, under subsections (b) and (d) of Section 30.765 ILCS 1075/5 providing a digital distribution service for other software applications and that allows users to search for and download such applications. "Cloud service providerCloud service provider"Cloud service provider" means a cloud service provider as defined by 6 U.S.C. 650.765 ILCS 1075/5" means a cloud service providerCloud service provider"Cloud service provider" means a cloud service provider as defined by 6 U.S.C. 650.765 ILCS 1075/5 as defined by 6 U.S.C. 650. "Digital replicaDigital replica"Digital replica" means a newly created, electronic representation of the voice, image, or likeness of an actual individual created using a computer, algorithm, software, tool, artificial intelligence, or other technology that is fixed in a sound recording or audiovisual work in which that individual did not actually perform or appear, and which a reasonable person would believe is that particular individual's voice, image, or likeness being imitated.765 ILCS 1075/5" means a newly created, electronic representation of the voice, image, or likeness of an actual individualIndividual"Individual" means a living or deceased natural person, regardless of whether the identity of that individual has been used for a commercial purpose during the individual's lifetime.765 ILCS 1075/5 created using a computer, algorithm, software, tool, artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments. "Artificial intelligence" includes generative artificial intelligence.765 ILCS 1075/5, or other technology that is fixed in a sound recording or audiovisual work in which that individualIndividual"Individual" means a living or deceased natural person, regardless of whether the identity of that individual has been used for a commercial purpose during the individual's lifetime.765 ILCS 1075/5 did not actually perform or appear, and which a reasonable personPerson"Person" means a natural or juristic person. "Person" only includes a service provider under subsections (b) and (d) of Section 30 if the service provider created the unauthorized digital replica. "Person" does not include a data center, as defined by the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois, under subsections (b) and (d) of Section 30.765 ILCS 1075/5 would believe is that particular individualIndividual"Individual" means a living or deceased natural person, regardless of whether the identity of that individual has been used for a commercial purpose during the individual's lifetime.765 ILCS 1075/5's voice, image, or likeness being imitated. "Generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means an automated computing system that, when prompted with human prompts, descriptions, or queries, can produce outputs that simulate human-produced content, including, but not limited to, the following: (1) textual outputs, such as short answers, essays, poetry, or longer compositions or answers; (2) image outputs, such as fine art, photographs, conceptual art, diagrams, and other images; (3) multimedia outputs, such as audio or video in the form of compositions, songs, or short-form or long-form audio or video; and (4) other content that would be otherwise produced by human means.765 ILCS 1075/5" means an automated computing system that, when prompted with human prompts, descriptions, or queries, can produce outputs that simulate human-produced content, including, but not limited to, the following: (1) textual outputs, such as short answers, essays, poetry, or longer compositions or answers; (2) image outputs, such as fine art, photographs, conceptual art, diagrams, and other images; (3) multimedia outputs, such as audio or video in the form of compositions, songs, or short-form or long-form audio or video; and (4) other content that would be otherwise produced by human means. "IdentityIdentity"Identity" means any attribute of an individual that serves to identify that individual to an ordinary, reasonable viewer or listener, including but not limited to: (i) name, (ii) signature, (iii) photograph, (iv) image, (v) likeness, or (vi) voice.765 ILCS 1075/5" means any attribute of an individualIndividual"Individual" means a living or deceased natural person, regardless of whether the identity of that individual has been used for a commercial purpose during the individual's lifetime.765 ILCS 1075/5 that serves to identify that individualIndividual"Individual" means a living or deceased natural person, regardless of whether the identity of that individual has been used for a commercial purpose during the individual's lifetime.765 ILCS 1075/5 to an ordinary, reasonable viewer or listener, including but not limited to: (i) name, (ii) signature, (iii) photograph, (iv) image, (v) likeness, or (vi) voice. "IndividualIndividual"Individual" means a living or deceased natural person, regardless of whether the identity of that individual has been used for a commercial purpose during the individual's lifetime.765 ILCS 1075/5" means a living or deceased natural personPerson"Person" means a natural or juristic person. "Person" only includes a service provider under subsections (b) and (d) of Section 30 if the service provider created the unauthorized digital replica. "Person" does not include a data center, as defined by the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois, under subsections (b) and (d) of Section 30.765 ILCS 1075/5, regardless of whether the identity of that individualIndividual"Individual" means a living or deceased natural person, regardless of whether the identity of that individual has been used for a commercial purpose during the individual's lifetime.765 ILCS 1075/5 has been used for a commercial purposeCommercial purpose"Commercial purpose" means the public use or holding out of an individual's identity (i) on or in connection with the offering for sale or sale of a product, merchandise, goods, or services; (ii) for purposes of advertising or promoting products, merchandise, goods, or services; or (iii) for the purpose of fundraising.765 ILCS 1075/5 during the individualIndividual"Individual" means a living or deceased natural person, regardless of whether the identity of that individual has been used for a commercial purpose during the individual's lifetime.765 ILCS 1075/5's lifetime. "Juristic personJuristic person"Juristic person" means a partnership, trust, estate, corporation, unincorporated association, or other organization capable of suing and being sued in a court of law.765 ILCS 1075/5" means a partnership, trust, estate, corporation, unincorporated association, or other organization capable of suing and being sued in a court of law. "Name" means the actual name or other name by which an individualIndividual"Individual" means a living or deceased natural person, regardless of whether the identity of that individual has been used for a commercial purpose during the individual's lifetime.765 ILCS 1075/5 is known that is intended to identify that individualIndividual"Individual" means a living or deceased natural person, regardless of whether the identity of that individual has been used for a commercial purpose during the individual's lifetime.765 ILCS 1075/5. "PersonPerson"Person" means a natural or juristic person. "Person" only includes a service provider under subsections (b) and (d) of Section 30 if the service provider created the unauthorized digital replica. "Person" does not include a data center, as defined by the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois, under subsections (b) and (d) of Section 30.765 ILCS 1075/5" means a natural or juristic personJuristic person"Juristic person" means a partnership, trust, estate, corporation, unincorporated association, or other organization capable of suing and being sued in a court of law.765 ILCS 1075/5. "PersonPerson"Person" means a natural or juristic person. "Person" only includes a service provider under subsections (b) and (d) of Section 30 if the service provider created the unauthorized digital replica. "Person" does not include a data center, as defined by the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois, under subsections (b) and (d) of Section 30.765 ILCS 1075/5" only includes a service providerService provider"Service provider" means any entity offering broadband service as that term is used in Section 10 of the Broadband Advisory Council Act, a wireless carrier as defined by 47 U.S.C. 615b(4), or a telecommunication carrier as that term is used in Section 13-202 of the Public Utilities Act.765 ILCS 1075/5 under subsections (b) and (d) of Section 30 if the service providerService provider"Service provider" means any entity offering broadband service as that term is used in Section 10 of the Broadband Advisory Council Act, a wireless carrier as defined by 47 U.S.C. 615b(4), or a telecommunication carrier as that term is used in Section 13-202 of the Public Utilities Act.765 ILCS 1075/5 created the unauthorized digital replicaUnauthorized digital replica"Unauthorized digital replica" means the use of a digital replica of an individual without the consent of the appropriate person or persons identified in Section 20 or their authorized representative.765 ILCS 1075/5. "PersonPerson"Person" means a natural or juristic person. "Person" only includes a service provider under subsections (b) and (d) of Section 30 if the service provider created the unauthorized digital replica. "Person" does not include a data center, as defined by the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois, under subsections (b) and (d) of Section 30.765 ILCS 1075/5" does not include a data center, as defined by the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois, under subsections (b) and (d) of Section 30. "Service providerService provider"Service provider" means any entity offering broadband service as that term is used in Section 10 of the Broadband Advisory Council Act, a wireless carrier as defined by 47 U.S.C. 615b(4), or a telecommunication carrier as that term is used in Section 13-202 of the Public Utilities Act.765 ILCS 1075/5" means any entity offering broadband service as that term is used in Section 10 of the Broadband Advisory Council Act, a wireless carrier as defined by 47 U.S.C. 615b(4), or a telecommunication carrier as that term is used in Section 13-202 of the Public Utilities Act. "Unauthorized digital replicaUnauthorized digital replica"Unauthorized digital replica" means the use of a digital replica of an individual without the consent of the appropriate person or persons identified in Section 20 or their authorized representative.765 ILCS 1075/5" means the use of a digital replica of an individualIndividual"Individual" means a living or deceased natural person, regardless of whether the identity of that individual has been used for a commercial purpose during the individual's lifetime.765 ILCS 1075/5 without the consent of the appropriate personPerson"Person" means a natural or juristic person. "Person" only includes a service provider under subsections (b) and (d) of Section 30 if the service provider created the unauthorized digital replica. "Person" does not include a data center, as defined by the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois, under subsections (b) and (d) of Section 30.765 ILCS 1075/5 or personsPerson"Person" means a natural or juristic person. "Person" only includes a service provider under subsections (b) and (d) of Section 30 if the service provider created the unauthorized digital replica. "Person" does not include a data center, as defined by the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois, under subsections (b) and (d) of Section 30.765 ILCS 1075/5 identified in Section 20 or their authorized representative. "Work of Fine Art" means (i) a visual rendition including, but not limited to, a painting, drawing, sculpture, mosaic, videotape, or photograph; (ii) a work of calligraphy; (iii) a work of graphic art including, but not limited to, an etching, lithograph, serigraph, or offset print; (iv) a craft work in materials including, but not limited to, clay, textile, fiber, wood, metal, plastic, or glass; or (v) a work in mixed media including, but not limited to, a collage, assemblage, or work consisting of any combination of items (i) through (iv).
Section 5 expands the Act's definitional architecture to address AI-generated content. The key new defined terms are artificial intelligence, generative artificial intelligence, digital replica, and unauthorized digital replica. A digital replica must be fixed in a sound recording or audiovisual work in which the individual did not actually perform and must be realistic enough that a reasonable person would believe it is the individual. The definition of person is narrowed for purposes of the new distribution and facilitation prohibitions: service providers are liable under subsections (b) and (d) of Section 30 only if they created the unauthorized digital replica, and data centers are categorically excluded from those subsections.
The section also adds definitions for application software provider, cloud service provider, and service provider to support the safe harbor framework in the new Section 30(e).
(a) The rights and remedies set forth in this Act may be exercised and enforced by: (1) an individualIndividual"Individual" means a living or deceased natural person, regardless of whether the identity of that individual has been used for a commercial purpose during the individual's lifetime.765 ILCS 1075/5 or his or her authorized representative; (2) a personPerson"Person" means a natural or juristic person. "Person" only includes a service provider under subsections (b) and (d) of Section 30 if the service provider created the unauthorized digital replica. "Person" does not include a data center, as defined by the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois, under subsections (b) and (d) of Section 30.765 ILCS 1075/5 to whom the recognized rights have been transferred by written transfer under Section 15 of this Act; or (3) after the death of an individualIndividual"Individual" means a living or deceased natural person, regardless of whether the identity of that individual has been used for a commercial purpose during the individual's lifetime.765 ILCS 1075/5 who has not transferred the recognized rights by written transfer under this Act, any personPerson"Person" means a natural or juristic person. "Person" only includes a service provider under subsections (b) and (d) of Section 30 if the service provider created the unauthorized digital replica. "Person" does not include a data center, as defined by the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois, under subsections (b) and (d) of Section 30.765 ILCS 1075/5 or personsPerson"Person" means a natural or juristic person. "Person" only includes a service provider under subsections (b) and (d) of Section 30 if the service provider created the unauthorized digital replica. "Person" does not include a data center, as defined by the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois, under subsections (b) and (d) of Section 30.765 ILCS 1075/5 who possesses an interest in those rights.
(a-5) (a-5) In addition to the enforcement of rights and remedies in subsection (a), the rights and remedies set forth in this Act may, in the case of an individualIndividual"Individual" means a living or deceased natural person, regardless of whether the identity of that individual has been used for a commercial purpose during the individual's lifetime.765 ILCS 1075/5 who is a recording artist, be enforced by: (1) the individualIndividual"Individual" means a living or deceased natural person, regardless of whether the identity of that individual has been used for a commercial purpose during the individual's lifetime.765 ILCS 1075/5 who is the recording artist; or (2) a personPerson"Person" means a natural or juristic person. "Person" only includes a service provider under subsections (b) and (d) of Section 30 if the service provider created the unauthorized digital replica. "Person" does not include a data center, as defined by the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois, under subsections (b) and (d) of Section 30.765 ILCS 1075/5 who has entered into a contract for the individualIndividual"Individual" means a living or deceased natural person, regardless of whether the identity of that individual has been used for a commercial purpose during the individual's lifetime.765 ILCS 1075/5's exclusive personal services as a recording artist or who has entered into a contract for an exclusive license to distribute sound recordings that capture the recording artist's audio performances.
(b) Each personPerson"Person" means a natural or juristic person. "Person" only includes a service provider under subsections (b) and (d) of Section 30 if the service provider created the unauthorized digital replica. "Person" does not include a data center, as defined by the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois, under subsections (b) and (d) of Section 30.765 ILCS 1075/5 described in paragraph (3) of subsection (a) shall make a proportional accounting to, and shall act at all times in good faith with respect to, any other personPerson"Person" means a natural or juristic person. "Person" only includes a service provider under subsections (b) and (d) of Section 30 if the service provider created the unauthorized digital replica. "Person" does not include a data center, as defined by the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois, under subsections (b) and (d) of Section 30.765 ILCS 1075/5 in whom the rights being enforced have vested.
Section 20 establishes who may bring an action to enforce the Act. The amendments add a new subsection (a-5) granting independent enforcement standing to recording artists and to persons holding exclusive personal services or exclusive distribution contracts with recording artists. This expansion is significant because it allows record labels and exclusive licensees — not just the individual whose identity was replicated — to pursue claims involving unauthorized digital replicas of recording artists' voices and performances.
(a) 1 A personPerson"Person" means a natural or juristic person. "Person" only includes a service provider under subsections (b) and (d) of Section 30 if the service provider created the unauthorized digital replica. "Person" does not include a data center, as defined by the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois, under subsections (b) and (d) of Section 30.765 ILCS 1075/5 may not use an individualIndividual"Individual" means a living or deceased natural person, regardless of whether the identity of that individual has been used for a commercial purpose during the individual's lifetime.765 ILCS 1075/5's identityIdentity"Identity" means any attribute of an individual that serves to identify that individual to an ordinary, reasonable viewer or listener, including but not limited to: (i) name, (ii) signature, (iii) photograph, (iv) image, (v) likeness, or (vi) voice.765 ILCS 1075/5 for commercial purposesCommercial purpose"Commercial purpose" means the public use or holding out of an individual's identity (i) on or in connection with the offering for sale or sale of a product, merchandise, goods, or services; (ii) for purposes of advertising or promoting products, merchandise, goods, or services; or (iii) for the purpose of fundraising.765 ILCS 1075/5 during the individualIndividual"Individual" means a living or deceased natural person, regardless of whether the identity of that individual has been used for a commercial purpose during the individual's lifetime.765 ILCS 1075/5's lifetime without having obtained previous written consent from the appropriate personPerson"Person" means a natural or juristic person. "Person" only includes a service provider under subsections (b) and (d) of Section 30 if the service provider created the unauthorized digital replica. "Person" does not include a data center, as defined by the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois, under subsections (b) and (d) of Section 30.765 ILCS 1075/5 or personsPerson"Person" means a natural or juristic person. "Person" only includes a service provider under subsections (b) and (d) of Section 30 if the service provider created the unauthorized digital replica. "Person" does not include a data center, as defined by the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois, under subsections (b) and (d) of Section 30.765 ILCS 1075/5 specified in Section 20 of this Act or their authorized representative.
(b) 2 A personPerson"Person" means a natural or juristic person. "Person" only includes a service provider under subsections (b) and (d) of Section 30 if the service provider created the unauthorized digital replica. "Person" does not include a data center, as defined by the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois, under subsections (b) and (d) of Section 30.765 ILCS 1075/5 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 replicaUnauthorized digital replica"Unauthorized digital replica" means the use of a digital replica of an individual without the consent of the appropriate person or persons identified in Section 20 or their authorized representative.765 ILCS 1075/5.
(c) 3 If an individualIndividual"Individual" means a living or deceased natural person, regardless of whether the identity of that individual has been used for a commercial purpose during the individual's lifetime.765 ILCS 1075/5's death occurs after the effective date of this Act, a personPerson"Person" means a natural or juristic person. "Person" only includes a service provider under subsections (b) and (d) of Section 30 if the service provider created the unauthorized digital replica. "Person" does not include a data center, as defined by the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois, under subsections (b) and (d) of Section 30.765 ILCS 1075/5 may not use that individualIndividual"Individual" means a living or deceased natural person, regardless of whether the identity of that individual has been used for a commercial purpose during the individual's lifetime.765 ILCS 1075/5's identityIdentity"Identity" means any attribute of an individual that serves to identify that individual to an ordinary, reasonable viewer or listener, including but not limited to: (i) name, (ii) signature, (iii) photograph, (iv) image, (v) likeness, or (vi) voice.765 ILCS 1075/5 or digital replicaDigital replica"Digital replica" means a newly created, electronic representation of the voice, image, or likeness of an actual individual created using a computer, algorithm, software, tool, artificial intelligence, or other technology that is fixed in a sound recording or audiovisual work in which that individual did not actually perform or appear, and which a reasonable person would believe is that particular individual's voice, image, or likeness being imitated.765 ILCS 1075/5 in violation of this Act for 50 years after the date of the individualIndividual"Individual" means a living or deceased natural person, regardless of whether the identity of that individual has been used for a commercial purpose during the individual's lifetime.765 ILCS 1075/5's death without having obtained previous written consent from the appropriate personPerson"Person" means a natural or juristic person. "Person" only includes a service provider under subsections (b) and (d) of Section 30 if the service provider created the unauthorized digital replica. "Person" does not include a data center, as defined by the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois, under subsections (b) and (d) of Section 30.765 ILCS 1075/5 or personsPerson"Person" means a natural or juristic person. "Person" only includes a service provider under subsections (b) and (d) of Section 30 if the service provider created the unauthorized digital replica. "Person" does not include a data center, as defined by the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois, under subsections (b) and (d) of Section 30.765 ILCS 1075/5 specified in Section 20 of this Act.
(d) 4 Any personPerson"Person" means a natural or juristic person. "Person" only includes a service provider under subsections (b) and (d) of Section 30 if the service provider created the unauthorized digital replica. "Person" does not include a data center, as defined by the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois, under subsections (b) and (d) of Section 30.765 ILCS 1075/5 who materially contributes to, induces, or otherwise facilitates a violation of subsection (b) by another personPerson"Person" means a natural or juristic person. "Person" only includes a service provider under subsections (b) and (d) of Section 30 if the service provider created the unauthorized digital replica. "Person" does not include a data center, as defined by the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois, under subsections (b) and (d) of Section 30.765 ILCS 1075/5 after having obtained actual knowledge that the other personPerson"Person" means a natural or juristic person. "Person" only includes a service provider under subsections (b) and (d) of Section 30 if the service provider created the unauthorized digital replica. "Person" does not include a data center, as defined by the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois, under subsections (b) and (d) of Section 30.765 ILCS 1075/5 is infringing upon an individualIndividual"Individual" means a living or deceased natural person, regardless of whether the identity of that individual has been used for a commercial purpose during the individual's lifetime.765 ILCS 1075/5's rights under this Section may be found liable for the violation.
(e) 4 Subsection (d) does not apply to a personPerson"Person" means a natural or juristic person. "Person" only includes a service provider under subsections (b) and (d) of Section 30 if the service provider created the unauthorized digital replica. "Person" does not include a data center, as defined by the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois, under subsections (b) and (d) of Section 30.765 ILCS 1075/5 that solely transmits, stores, or provides access to data or software, including interactive entertainment software, application software providersApplication software provider"Application software provider" means a person providing a digital distribution service for other software applications and that allows users to search for and download such applications.765 ILCS 1075/5, or cloud service providersCloud service provider"Cloud service provider" means a cloud service provider as defined by 6 U.S.C. 650.765 ILCS 1075/5 with respect to any unauthorized digital replicaUnauthorized digital replica"Unauthorized digital replica" means the use of a digital replica of an individual without the consent of the appropriate person or persons identified in Section 20 or their authorized representative.765 ILCS 1075/5 stored or transmitted at the direction of a user of material that resides on a system or network, if the personPerson"Person" means a natural or juristic person. "Person" only includes a service provider under subsections (b) and (d) of Section 30 if the service provider created the unauthorized digital replica. "Person" does not include a data center, as defined by the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois, under subsections (b) and (d) of Section 30.765 ILCS 1075/5: (1) does not have actual knowledge that the material or an activity using the material on the system or network is unauthorized; (2) in the absence of such actual knowledge, does not willfully disregard facts or circumstances that would create actual knowledge; or (3) upon obtaining actual knowledge, facts or 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 personPerson"Person" means a natural or juristic person. "Person" only includes a service provider under subsections (b) and (d) of Section 30 if the service provider created the unauthorized digital replica. "Person" does not include a data center, as defined by the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois, under subsections (b) and (d) of Section 30.765 ILCS 1075/5 does not personally have the ability to remove or disable access to the material, the personPerson"Person" means a natural or juristic person. "Person" only includes a service provider under subsections (b) and (d) of Section 30 if the service provider created the unauthorized digital replica. "Person" does not include a data center, as defined by the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois, under subsections (b) and (d) of Section 30.765 ILCS 1075/5 acts expeditiously to notify the personPerson"Person" means a natural or juristic person. "Person" only includes a service provider under subsections (b) and (d) of Section 30 if the service provider created the unauthorized digital replica. "Person" does not include a data center, as defined by the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois, under subsections (b) and (d) of Section 30.765 ILCS 1075/5 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.
(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 replicasUnauthorized digital replica"Unauthorized digital replica" means the use of a digital replica of an individual without the consent of the appropriate person or persons identified in Section 20 or their authorized representative.765 ILCS 1075/5. 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.
Section 30 is the operative core of the bill's new prohibitions. Subsection (a) retains the existing prohibition on unauthorized commercial use of an individual's identity. New subsection (b) creates a prohibition on knowingly distributing, transmitting, or making publicly available a sound recording or audiovisual work containing an unauthorized digital replica, applying an actual-knowledge standard. Subsection (c) extends post-mortem protection to cover digital replicas for 50 years after death.
Subsection (d) imposes secondary liability on persons who materially contribute to, induce, or facilitate a subsection (b) violation after obtaining actual knowledge. Subsection (e) carves out a DMCA-modeled safe harbor for intermediaries — including application software providers, cloud service providers, and entities that solely transmit, store, or provide access to data — that lack actual knowledge and do not willfully disregard facts creating knowledge, or that act expeditiously to remove infringing material upon notice. Subsection (f) incorporates 17 U.S.C. § 512 mutatis mutandis, and subsection (g) preserves federal preemption under Section 230 and other federal law.