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 intelligence" "Artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that can make predictions, recommendations, or decisions influencing real or virtual environments for a given set of human-defined objectives. "Artificial intelligence" includes generative artificial intelligence.765 ILCS 1075/5" means a machine-based system that can make predictions, recommendations, or decisions influencing real or virtual environments for a given set of human-defined objectives. "Artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that can make predictions, recommendations, or decisions influencing real or virtual environments for a given set of human-defined objectives. "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.
"Generative artificial intelligence" "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.
"Commercial purpose" "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; (iii) for the purpose of fundraising; or (iv) for the purposes of distributing, transmitting, or otherwise making available a sound recording or audiovisual work that contains a simulated or artificially created version of an individual's identity, as a substitute for, in place of, or in a competitive fashion with, a sound recording or audiovisual work the individual would otherwise have personally created using the individual's identity.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 occurs in any medium, that is readily identifiable and attributable to a particular individual, regardless of whether the attribute contains the actual attribute of an individual, a simulation of the attribute of an individual, or is created through the use of artificial intelligence, and 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; (iii) for the purpose of fundraising; or (iv) for the purposes of distributing, transmitting, or otherwise making available a sound recording or audiovisual work that contains a simulated or artificially created version 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 occurs in any medium, that is readily identifiable and attributable to a particular individual, regardless of whether the attribute contains the actual attribute of an individual, a simulation of the attribute of an individual, or is created through the use of artificial intelligence, and 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, as a substitute for, in place of, or in a competitive fashion with, a sound recording or audiovisual work 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 would otherwise have personally created using 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 identityIdentity"Identity" means any attribute of an individual that occurs in any medium, that is readily identifiable and attributable to a particular individual, regardless of whether the attribute contains the actual attribute of an individual, a simulation of the attribute of an individual, or is created through the use of artificial intelligence, and 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.
"Identity" "IdentityIdentity"Identity" means any attribute of an individual that occurs in any medium, that is readily identifiable and attributable to a particular individual, regardless of whether the attribute contains the actual attribute of an individual, a simulation of the attribute of an individual, or is created through the use of artificial intelligence, and 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 occurs in any medium, that is readily identifiable and attributable to a 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, regardless of whether the attribute contains the actual 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, a simulation of the 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, or is created through the use of artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that can make predictions, recommendations, or decisions influencing real or virtual environments for a given set of human-defined objectives. "Artificial intelligence" includes generative artificial intelligence.765 ILCS 1075/5, and 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.
"Individual" "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.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; (iii) for the purpose of fundraising; or (iv) for the purposes of distributing, transmitting, or otherwise making available a sound recording or audiovisual work that contains a simulated or artificially created version of an individual's identity, as a substitute for, in place of, or in a competitive fashion with, a sound recording or audiovisual work the individual would otherwise have personally created using the individual's identity.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 person" "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" "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.
"Person" "PersonPerson"Person" means a natural or juristic person.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.
Section 5 establishes the definitional foundation for extending Illinois's Right of Publicity Act to AI-generated content. The critical amendments are threefold: the new term artificial intelligence (which expressly includes generative artificial intelligence) anchors the Act's application to AI-created replicas; the expanded definition of identity now reaches simulated or AI-created attributes in any medium, so long as they are readily identifiable to a reasonable viewer or listener; and the broadened definition of commercial purpose now captures the distribution of AI-generated sound recordings or audiovisual works that substitute for or compete with works the depicted individual would have personally created.
Together these changes mean that using generative AI to create a voice clone or visual likeness of an identifiable individual in a sound recording or audiovisual work — and distributing that work — is a commercial use of that individual's identity, triggering the Act's prohibition and remedies even absent a traditional advertising or merchandising use.
(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.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.765 ILCS 1075/5 or personsPerson"Person" means a natural or juristic person.765 ILCS 1075/5 who possesses an interest in those rights.
(a-5) 1 (a-5) In addition to the exercise and 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 exercised and 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.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.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.765 ILCS 1075/5 in whom the rights being enforced have vested.
Section 20 expands enforcement standing under the Right of Publicity Act in two ways. Existing subsection (a) already permits the individual, their authorized representative, transferees, and heirs to exercise the Act's rights and remedies. New subsection (a-5) adds a parallel enforcement channel specifically for recording artists: the artist themselves may enforce, and — critically — so may a person who holds an exclusive personal-services contract with the artist or an exclusive license to distribute sound recordings of the artist's audio performances. This means record labels and exclusive licensees gain independent statutory standing to sue over AI-generated voice clones and simulated performances of their contracted artists, without requiring the artist to be a party.
2 (765 ILCS 1075/30) [Full amended text not included in provided bill extract. Per synopsis: Provides for the liability of any personPerson"Person" means a natural or juristic person.765 ILCS 1075/5 who materially contributes to, induces, or otherwise facilitates a violation of a specified provision of the Act by another party after having reason to know that the other party is in violation.]
Section 30 is referenced in the bill's synopsis as adding contributory liability: any person who materially contributes to, induces, or otherwise facilitates a violation of the Act's core prohibition (Section 30 of the existing Act prohibits use of an individual's identity for a commercial purpose without consent) is liable after having reason to know the other party is in violation. Although the full amended text of Section 30 is not included in the provided bill extract, the synopsis confirms this is the operative section imposing the new secondary-liability standard.
This contributory-liability theory is significant for AI developers and platforms: a generative AI tool provider or hosting platform that has reason to know its service is being used to create unauthorized digital replicas of identifiable individuals could face liability under this provision — even if the provider did not directly generate the infringing content.