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Law / United States / Illinois

Right of Publicity Act, unauthorized AI digital replica prohibition

765 ILCS 1075/5, 20, 30, 35 (P.A. 103-0836, eff. )

In force since .

An AI prohibited practices rule binding public and private bodies.

Obligation class
Prohibition, Consent
Audit expectation
none
Setting the rule reaches
General

What it requires

  • Do not knowingly distribute, transmit, or make available to the public a sound recording or audiovisual work that you know contains an unauthorized digital replica of a real person's voice, image, or likeness.
  • A digital replica used for news, public affairs, documentary, biographical, comment, criticism, or parody purposes falls outside this prohibition unless it falsely creates the impression that the depicted individual actually participated in the work.
  • If you only transmit, store, or provide access to user-supplied material, you are not liable for an unauthorized digital replica in it unless you have actual knowledge of it and fail to act expeditiously to remove or disable access.

These lines are LexLint's reading of the law's text.

In the frameworks

NIST AI RMF
  • MAP 3.3Targeted application scope is specified and documented based on the system’s capability, established context, and AI system categorization.
NIST AI 600-1
MIT mitigations Draft
  • 1.5Safety Decision Frameworks
  • 3.3Access Management
NIST Privacy Framework
  • CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
FINOS AIGF
ETSI EN 304 223
  • 5.1.2-1Business need and security risks written down and assessed before deciding to build an AI system.
  • 5.1.4-5End-users told which uses of the system are prohibited.

Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law

Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.

If you get it wrong

Criminal exposureNo

Private right of actionYes

Statutory damages

A person who violates section 30 may be liable for the greater of actual damages, profits derived from the unauthorized use, or both, or $1,000; punitive damages may be awarded against a person who willfully violated section 30.

As of
Currency
USD
Per person minimum
1,000

Who enforces it

Enforcement body

Private enforcement only: the individual or authorized representative, a person to whom the rights were transferred in writing, after death any person with an interest in the rights, and for a recording artist the artist and the holder of an exclusive recording or distribution contract; the Act names no public enforcer.

Settledness

As of
Open questions
Does a label or disclaimer stating that a work is synthetic keep a replica outside the definition of 'digital replica' in section 5, which asks whether 'a reasonable person would believe' it is the individual's voice, image, or likeness?

What it makes you log

Logging duty

Sections 20, 30 and 35 prohibit distributing an unauthorized digital replica and set out an interactive-service safe harbor keyed to actual knowledge and written notification of infringing content; nothing in these sections requires creating, keeping, or producing a log, record, or audit trail of a digital replica's use or of a takedown.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Section 5 defines a digital replica as a newly created electronic representation of an actual individual's voice, image, or likeness, made using a computer, algorithm, software, tool, artificial intelligence, or other technology, fixed in a sound recording or audiovisual work the individual did not actually perform in, that a reasonable person would believe is that individual.

Section 30(b) makes it unlawful to knowingly distribute, transmit, or make available to the public a sound recording or audiovisual work with actual knowledge that it contains an unauthorized digital replica, enforceable by the individual depicted or their authorized representative under Section 20; Section 35 exempts news, documentary, biographical, comment, criticism, and parody uses unless the replica falsely creates the impression that the individual actually participated.

A service provider that only transmits, stores, or provides access to the material carries a Digital Millennium Copyright Act (DMCA)-style safe harbor under Section 30(e) and (f) if it acts expeditiously once it has actual knowledge of the infringing replica.

When LexLint raises it

When your app profile says your app generates audio with AI, generates images with AI or generates video with AI.

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