Bill Text: IL SB3705 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Digital Voice and Likeness Protection Act. Provides that 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 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 clearly define and detail all of the proposed uses of the digital replica or the generative artificial intelligence system; and (3) the individual was not represented by legal counsel or by a labor union acting in a specified capacity. Provides that the Act shall apply retroactively. Provides that any person who is currently under, or has entered into, an agreement with an individual performing personal or professional services containing an unenforceable provision shall notify that individual in writing that the provision is unenforceable by January 1, 2025. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-03-15 - Rule 3-9(a) / Re-referred to Assignments [SB3705 Detail]

Download: Illinois-2023-SB3705-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3705 Introduced 2/9/2024, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED:
New Act
Creates the Digital Voice and Likeness Protection Act. Provides that 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 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 clearly define and detail all of the proposed uses of the digital replica or the generative artificial intelligence system; and (3) the individual was not represented by legal counsel or by a labor union acting in a specified capacity. Provides that the Act shall apply retroactively. Provides that any person who is currently under, or has entered into, an agreement with an individual performing personal or professional services containing an unenforceable provision shall notify that individual in writing that the provision is unenforceable by January 1, 2025. Effective immediately.
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A BILL FOR
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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 1. Short title. This Act may be cited as the
Digital Voice and Likeness Protection Act.
Section 5. 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 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 clearly define and detail
all of the proposed uses of the digital replica or the
generative artificial intelligence system; and
(3) the individual was not represented in either of
the following manners:
(A) represented by legal counsel who negotiated on
behalf of the individual licensing his or her digital
replica rights and the licensing terms exist in a

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standalone written agreement; or
(B) represented by a labor union representing
workers who do the proposed work and the terms of his
or her collective bargaining agreement expressly
covers uses of digital replicas and generative
artificial intelligence systems.
(b) This Act shall apply retroactively.
(c) Any person who is currently under, or has entered
into, an agreement with an individual performing personal or
professional services containing a provision as described in
subsection (a) shall notify that individual in writing that
the provision is unenforceable by January 1, 2025.