Illinois House Bill 4762 (HB 4762)

1. Overview

Illinois introduced House Bill 4762, the Digital Voice and Likeness Protection Act, in light of the rapid advancements in artificial intelligence. This legislation, enacted into law on the 9th of August, 2024, is attempting to protect people’s rights to their digital avatars. It aims at contracts for using a digital voice or picture of an individual in providing personal or professional services. Apart from where they satisfy certain conditions intended to secure the individual’s freedom and will, the law considers such conditions as unenforceable.

2. Scope of the Law

Any contract for personal or professional services between a person and another party that contains provisions enabling the creation and use of a digital image or replica of the person’s voice or image falls under HB 4762. According to this law, these provisions can only be enforced when they:

• Clearly Define Uses: The contract should specify all the uses of the digital replica planned.
• Legal Representation: The party must have union representation or legal representation while making the agreement.If these are not met, the provision is contrary to public policy and therefore unenforceable.

3. Key Provisions

• Unenforceability of Certain Provisions: Agreements with provisions for making and use of a digital copy without proper determination of uses and in lack of legal representation are unenforceable.
• Application Retroactively: Pre-existing contracts with unenforceable terms are affected by the retroactive application of the act. 
• Notification Requirement: Parties to contracts having unenforceable terms must, by January 1, 2025, be given written notice that the terms are unenforceable.

4. Fines & Enforcement

HB 4762 gives people legal recourse to contest unenforceable provisions in court, though it does not specify criminal punishments. If their voice or digital likeness is being utilized without their legal presence or express permission, they have recourse within the law for their problem to be heard.

Although other states have passed similar laws, Illinois’ strategy raises the standard for the protection of digital rights by highlighting the significance of informed consent and legal counsel.

5. Practical Implications

• For Individuals: People can now ensure that any use of their digital voice or likeness is clearly outlined and agreed to with proper legal representation.
• For Employers and Contractors: People being hired for services that utilize digital replicas need to ensure that contracts are compliant with HB 4762 in order to avoid unenforceable terms.
• For Legal Practitioners: Legal practitioners should be cautious when creating and examining contracts to make sure that they are in conformity with the demands mentioned in HB 4762.

6. Future Perspective

Finding a more equitable balance between individual freedom and technological advancement is probably going to be the main focus of future discussions and possible amendments. As technology advances, HB 4762 may serve as a model for other states wishing to pass laws protecting people’s digital rights.