Bill Text: IL SB3248 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the No Artificial Intelligence Fake Replicas And Unauthorized Duplications Act of 2024 and may be referred to as the No AI FRAUD Act. Defines terms such as "personalized cloning service", "digital voice replica", "voice", "likeness", and digital technology". Provides that every individual has a property right in his or her own likeness and voice. Creates a private cause of action against any person or entity who, without consent of the individual whose voice or likeness rights are affected, does any of the following: (i) distributes or otherwise makes available to the public a personalized cloning service; (ii) publishes or otherwise makes available to the public a digital voice replica or digital depiction with knowledge that the digital voice replica or digital depiction was not authorized by the individual holding the voice or likeness rights so affected; or (iii) materially contributes to or otherwise facilitates any of the conduct proscribed in (i) or (ii) with knowledge that the individual holding the affected voice or likeness rights has not consented to the conduct. Provides remedies in the case of an unauthorized distribution of a personalized cloning service to include damages in an amount equal to the greater of $50,000 per violation or the actual damages and any profits from the unauthorized use that are attributable to such use and are not taken into account in computing the actual damages. Provides that in the case of an unauthorized publication of a digital voice replica or digital depiction, $5,000 per violation or the actual damages and any profits from the unauthorized use that are attributable to such use and are not taken into account in computing the actual damages. Provides that punitive damages and reasonable attorney's fees may also be awarded to the injured person. Provides that First Amendment protections shall constitute a defense to an alleged violation of this Act. In evaluating any such defense, the public interest in access to the use shall be balanced against the intellectual property interest in the voice or likeness. Provides that a person or entity who uses an individual's voice or likeness in a manner that violates this Act shall not be liable if the harm caused by such conduct is negligible. Provides that the Act is operative 180 days after it becomes law.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-02-06 - Referred to Assignments [SB3248 Detail]

Download: Illinois-2023-SB3248-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3248 Introduced 2/6/2024, by Sen. Dave Syverson SYNOPSIS AS INTRODUCED:
New Act
Creates the No Artificial Intelligence Fake Replicas And Unauthorized Duplications Act of 2024 and may be referred to as the No AI FRAUD Act. Defines terms such as "personalized cloning service", "digital voice replica", "voice", "likeness", and digital technology". Provides that every individual has a property right in his or her own likeness and voice. Creates a private cause of action against any person or entity who, without consent of the individual whose voice or likeness rights are affected, does any of the following: (i) distributes or otherwise makes available to the public a personalized cloning service; (ii) publishes or otherwise makes available to the public a digital voice replica or digital depiction with knowledge that the digital voice replica or digital depiction was not authorized by the individual holding the voice or likeness rights so affected; or (iii) materially contributes to or otherwise facilitates any of the conduct proscribed in (i) or (ii) with knowledge that the individual holding the affected voice or likeness rights has not consented to the conduct. Provides remedies in the case of an unauthorized distribution of a personalized cloning service to include damages in an amount equal to the greater of $50,000 per violation or the actual damages and any profits from the unauthorized use that are attributable to such use and are not taken into account in computing the actual damages. Provides that in the case of an unauthorized publication of a digital voice replica or digital depiction, $5,000 per violation or the actual damages and any profits from the unauthorized use that are attributable to such use and are not taken into account in computing the actual damages. Provides that punitive damages and reasonable attorney's fees may also be awarded to the injured person. Provides that First Amendment protections shall constitute a defense to an alleged violation of this Act. In evaluating any such defense, the public interest in access to the use shall be balanced against the intellectual property interest in the voice or likeness. Provides that a person or entity who uses an individual's voice or likeness in a manner that violates this Act shall not be liable if the harm caused by such conduct is negligible. Provides that the Act is operative 180 days after it becomes law.
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A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the No
Artificial Intelligence Fake Replicas And Unauthorized
Duplications Act. This Act may be referred to as the No AI
FRAUD Act.
Section 2. Findings. The General Assembly finds that
recent advancements in artificial intelligence (AI) technology
and the development of deepfake software have adversely
affected individuals' ability to protect their voice and
likeness from misappropriation, including:
(1) On or around April 4, 2023, AI technology was used
to create the song titled "Heart on My Sleeve," emulating
the voices of recording artists Drake and The Weeknd. It
reportedly received more than 11 million views.
(2) On or around October 1, 2023, AI technology was
used to create a false endorsement featuring Tom Hanks'
face in an advertisement for a dental plan.
(3) From October 16 to 20, 2023, AI technology was
used to create false, nonconsensual intimate images of
high school girls in Westfield, New Jersey.
(4) In fall 2023, AI technology was used to create the

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song titled "Demo #5: nostalgia," manipulating the voices
of Justin Bieber, Daddy Yankee, and Bad Bunny. It
reportedly received 22 million views on Tik Tok and 1.2
million views on YouTube.
(5) A Department of Homeland Security report titled
the "Increasing Threat of Deepfake Identities" states that
as of October 2020, researchers had reported more than
100,000 computer-generated fake nude images of women
created without their consent or knowledge.
(6) According to Pew Research Center, approximately
63% of American say made-up or altered videos create
confusion about the basic facts of current issues.
Section 3. Likeness and voice rights.
(a) Definitions. In this Act:
(1) "Individual" means a human being, living or dead.
(2) "Digital depiction" means a replica, imitation, or
approximation of the likeness of an individual that is
created or altered in whole or in part using digital
technology.
(3) "Personalized cloning service" means an algorithm,
software, tool, or other technology, service, or device
the primary purpose or function of which is to produce one
or more digital voice replicas or digital depictions of
particular, identified individuals.
(4) "Digital voice replica" means an audio rendering

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that is created or altered in whole or in part using
digital technology and is fixed in a sound recording or
audiovisual work which includes replications, imitations,
or approximations of an individual that the individual did
not actually perform.
(5) "Voice" means sounds in any medium containing the
actual voice or a simulation of the voice of an
individual, whether recorded or generated by computer,
artificial intelligence, algorithm, or other digital
technology, service, or device, to the extent that the
individual depicted or simulated is readily identifiable
from the sound of the voice or simulation of the voice, or
from other information displayed in connection therewith.
(6) "Likeness" means the actual or simulated image or
likeness of an individual, regardless of the means of
creation, that is readily identifiable as the individual
by virtue of the individual's face, likeness, or other
distinguishing characteristic, or from other information
displayed in connection with the likeness.
(7) "Digital technology" means a technology or device
now known or hereafter created such as computer software,
artificial intelligence, machine learning, quantum
computing, or other similar technologies or devices.
(b) Property right in likeness and voice.
(1) In general. Every individual has a property right
in the individual's own likeness and voice.

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(2) Extent. The rights provided for in paragraph (1)
constitute intellectual property rights and are freely
transferable and descendible, in whole or in part, and do
not expire upon the death of the individual, whether or
not such rights were commercially exploited by the
individual during the individual's lifetime.
(3) Transferability. The rights provided for in
paragraph (1) shall be exclusive to the individual,
subject to the transfer of such rights as provided in
paragraph (2), during such individual's lifetime and to
the executors, heirs, transferees, or devisees for a
period of ten years after the death of the individual, and
shall be terminated by:
(A) proof of the non-use of the likeness or voice
of any individual for commercial purposes by an
executor, transferee, heir, or devisee to such use for
a period of two years subsequent to the initial
ten-year period following the individual's death; or
(B) the death of all executors, transferees,
heirs, or devisees.
(4) Validity of use. An agreement authorizing the use
of a digital depiction or digital voice replica for a new
performance of the individual in an advertisement or
expressive work shall be valid only if:
(A) the applicable individual was:
(i) represented by counsel in the transaction and

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the agreement was in writing; and
(ii) 18 years of age or older at the time of entry
into the agreement, or, if under 18 years of age at
that time, the agreement is approved by a court in
accordance with applicable State law; or
(B) the terms of the agreement are governed by a
collective bargaining agreement.
(c) Unauthorized simulation of voice or likeness.
(1) In general. Any person or entity who, in a manner
affecting interstate or foreign commerce (or using any
means or facility of interstate or foreign commerce), and
without consent of the individual holding the voice or
likeness rights affected thereby:
(A) distributes, transmits, or otherwise makes
available to the public a personalized cloning
service;
(B) publishes, performs, distributes, transmits,
or otherwise makes available to the public a digital
voice replica or digital depiction with knowledge that
the digital voice replica or digital depiction was not
authorized by the individual holding the voice or
likeness rights affected thereby; or
(C) materially contributes to, directs, or
otherwise facilitates any of the conduct proscribed in
subparagraph (A) or (B) with knowledge that the
individual holding the affected voice or likeness

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rights has not consented to the conduct,
shall be liable for damages as set forth in paragraph (2).
(2) Remedies. In any action brought under this
Section, the following shall apply:
(A) The person or entity who violated the Section
shall be liable to the injured party or parties in an
amount equal to the greater of:
(i) in the case of an unauthorized
distribution, transmission, or other making
available of a personalized cloning service,
$50,000 per violation or the actual damages
suffered by the injured party or parties as a
result of the unauthorized use, plus any profits
from the unauthorized use that are attributable to
such use and are not taken into account in
computing the actual damages; and
(ii) in the case of an unauthorized
publication, performance, distribution,
transmission, or other making available of a
digital voice replica or digital depiction, $5,000
per violation or the actual damages suffered by
the injured party or parties as a result of the
unauthorized use, plus any profits from the
unauthorized use that are attributable to such use
and are not taken into account in computing the
actual damages.

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(B) In establishing profits under this
subdivision, the injured party or parties shall be
required only to present proof of the gross revenue
attributable to the unauthorized use, and the person
or entity who violated this Section shall be required
to prove his or her expenses deductible therefrom.
(C) Punitive damages and reasonable attorney's
fees may also be awarded to the injured party or
parties.
(D) It shall not be a defense to an allegation of a
violation of paragraph (1) that the unauthorized user
displayed or otherwise communicated to the public a
disclaimer stating that the digital depiction, digital
voice replica, or personalized cloning service was
unauthorized or that the individual rights owner did
not participate in the creation, development,
distribution, or dissemination of the unauthorized
digital depiction, digital voice replica, or
personalized cloning service.
(E) An action to enforce this Section may be
brought by:
(i) the individual whose voice or likeness is
at issue;
(ii) any other person or entity to which the
individual has assigned or exclusively licensed
the individual's voice or likeness rights; or

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(iii) in the case of an individual who
performs music as a profession, and has not
authorized the use at issue, by any person or
entity that has entered into a contract for the
individual's exclusive personal services as a
recording artist or an exclusive license to
distribute sound recordings that capture the
individual's audio performances.
(d) First Amendment defense. First Amendment
protections shall constitute a defense to an alleged
violation of subsection (c). In evaluating any such
defense, the public interest in access to the use shall be
balanced against the intellectual property interest in the
voice or likeness. Factors to be considered may include
whether:
(1) the use is commercial;
(2) the individual whose voice or likeness is at
issue is necessary for and relevant to the primary
expressive purpose of the work in which the use
appears; and
(3) the use competes with or otherwise adversely
affects the value of the work of the owner or licensee
of the voice or likeness rights at issue.
(e) Limitation.
(1) In general. A person or entity who uses an
individual's voice or likeness in a manner that violates

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subsection (c) shall not be liable if the harm caused by
such conduct is negligible.
(2) Harm. For purposes of this Section, the term
"harm" includes:
(A) financial or physical injury, or an elevated
risk of such injury, to any person whose voice or
likeness rights are affected by the conduct at issue;
(B) severe emotional distress of any person whose
voice or likeness is used without consent; and
(C) a likelihood that the use deceives the public,
a court, or tribunal.
(3) Per se harm. Any digital depiction or digital
voice replica which includes child sexual abuse material,
is sexually explicit, or includes intimate images
constitutes harm.
(4) Balance of equities. Except when paragraph (3)
applies, alleged harms shall be weighed against:
(A) whether the individual whose voice or likeness
is at issue is necessary for and relevant to the
primary expressive purpose of the work in which the
use appears;
(B) whether the use is transformative; and
(C) whether the use constitutes constitutionally
protected commentary on a matter of public concern.
(f) Limitations period. No civil action shall be
maintained under the provisions of this Act unless it is

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commenced within four years after the party seeking to bring
the claim discovered, or with due diligence should have
discovered, the violation.
(g) No preemption. Nothing in this Act shall be construed
to limit any rights an individual may have under any other law
providing protections against the unauthorized use of an
individual's name, voice, or likeness.
(h) Severability. If any provision of this Act, or the
application thereof, is held invalid, the validity of the
remainder of this Act and the application of such provision to
other persons and circumstances shall not be affected thereby.
(i) Construction. Nothing in this Act shall alter the
application by a court of First Amendment protections in the
event such a defense is asserted to subsection (c).
(j) Application. This Section shall be considered to be a
law pertaining to intellectual property for the purposes of
Section 230(e)(2) of the Communications Act of 1934 (47 U.S.C.
230(e)(2)).