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Illinois General Assembly· HB 3178Governor Approved

DIGITAL PROTECT-USE OF REPLICA, the official text

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HB3178 Enrolled                     LRB104 10229 SPS 20303 b

1   AN ACT concerning business.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Digital Voice and Likeness Protection Act

5 is amended by changing Section 10 as follows:

6   (815 ILCS 550/10)

7   Sec. 10. Unenforceable agreements.

8   (a) A provision in an agreement between an individual and

9 any other person for the performance of personal or

10 professional services is contrary to public policy and is

11 deemed unenforceable only as it relates to a new performance,

12 fixed on or after January 1, 2026, by a digital replica of an

13 individual if the provision meets all of the following

14 conditions:

15  (1) the provision allows for the creation and use of a

16  digital replica of the individual's voice or likeness in

17  place of work the individual would otherwise have

18  performed in person;

19  (2) the provision does not include a reasonably

20  specific description of the intended uses of the digital

21  replica; and

22  (3) the individual was not either:

23              (A) represented by legal counsel who negotiated on
    HB3178 Enrolled            -2-       LRB104 10229 SPS 20303 b

1            behalf of the individual licensing his or her digital

2            replica rights and the licensing terms governing the

3            use of the applicable digital replica exist in a

4            written agreement; or

5            (B) represented by a labor union representing

6            workers who do the proposed work and the terms of the

7            labor union's individual's collective bargaining

8            agreement expressly covers uses of digital replicas as

9            that term is defined in this Act or in the individual's

10           collective bargaining agreement.

11  (b) The failure to include a reasonably specific

12 description of the intended uses of a digital replica as

13 described in paragraph (2) of subsection (a) shall not render

14 a provision in an agreement unenforceable when the uses of the

15 digital replica are consistent with the terms of the contract

16 for the performance of personal or professional services and

17 the fundamental character of the photography or sound track as

18 recorded or performed.

19  (c) This Section does not affect any provision of a

20 contract other than a provision described in subsection (a)

21 and does not impact, abrogate, or otherwise affect any

22 exclusivity grants contained in, or related to, a provision

23 subject to subsection (a).

24 (Source: P.A. 103-830, eff. 8-9-24.)

25  Section 99. Effective date. This Act takes effect January

26 1, 2026.
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