Illinois House Bill 4875 (HB 4875)

1.Overview

The growing necessity of addressing unauthorized digital copies created with artificial intelligence (AI) technologies is addressed through this bill. On August 9, 2024, the Illinois governor signed into legislation House Bill 4875, amending the Illinois Right of Publicity Act. Making it unlawful to develop or distribute digital representations of a person’s image, voice, or likeness without permission protects artists and public figures from possible exploitation in the digital space.

2. The Scope of the Law

Most specifically targeted by the legislation are “digital replicas,” i.e., newly created electronic copies of a person’s voice, image, or likeness created by means of artificial intelligence (AI) or other forms of technology. Where such simulations are used in a sound recording or audio visual work in which the individual did not appear or perform, a reasonable person might believe that they are the individual’s actual voice or image. The law criminalizes disseminating or making public these illegal digital copies.

3. Important Parts 

• Unauthorised Use: It is unlawful to circulate or make available an audiovisual work or sound recording containing an unauthorised digital copy of a person’s voice, image, or likeness. 
• Facilitator Liability: A person who materially assists, aids, or abets the production or distribution of unauthorized digital copies can be held responsible even if the original producers are not.
•  Recording Artists’ Rights: Recording artists are entitled to utilize their publicity rights to prevent unauthorized digital copies either personally or through agents who are contract-bound. 

4. Mechanisms of Enforcement

The legislation permits aggrieved persons to seek remedy in courts and permits enforcement by means of civil proceedings.

5. International Comparison

Illinois is at the forefront in a defense of individuals’ rights to their computerized avatars in HB 4875. It follows other legislative moves along the same lines, such as the Tennessee ELVIS Act, that address illegal computerized reproductions. The necessity to safeguard individual identity in the computer age gains a greater understanding with these enactments.

6.Practical Implications

• For Artists: Artists now have access to lawful avenues to preserve their voice, image, and likeness from unauthorized AI-based representations.
• For Content Creators: People and institutions that engage in creating or distributing digital content need to ensure that they have adequate consent before taking advantage of AI-based duplication of an individual’s voice or appearance.
• For Legal Professionals: Legal professionals must know the provisions of HB 4875 to be able to properly counsel clients regarding digital copy and publicity rights matters.

7. Future Perspective

HB 4875 can act as a template, as the technology evolves, for other states interested in passing legislation to safeguard individuals’ rights to their electronic manifestations. Future debate and possible amendments will help with continued fine-tuning of the balance between technological advancement and individual freedom.