Law / United States / 
Illinois
HB 4762 / P.A. 103-0830 (2024), Digital Voice and Likeness Protection Act: unenforceable digital replica provisions in service agreements
Digital Voice and Likeness Protection Act, P.A. 103-0830 (HB 4762, eff. )
In force since .
An AI sector rules rule binding public and private bodies.
- Obligation class
- Consent
- Audit expectation
- none
As of .
What it requires
- If an agreement for personal or professional services lets you create and use a digital replica of the individual's voice or likeness in place of work the individual would otherwise have performed in person, include a reasonably specific description of the intended uses of the digital replica; otherwise the provision is unenforceable unless the individual was represented by legal counsel who negotiated the licensing of the digital replica rights under a written agreement, or by a labor union whose collective bargaining agreement expressly covers uses of digital replicas.
- Section 10 applies only to agreements entered into after .
These lines are LexLint's reading of the law's text, as of .
What it makes you log
Logging duty
Section 10 makes certain digital replica provisions unenforceable; it requires no log, record or audit trail of a digital replica's creation or use.
- Kind
- None
- As of
What this law does
Section 10(a) makes a provision in an agreement between an individual and any other person for the performance of personal or professional services contrary to public policy and unenforceable when three conditions are all met: the provision allows 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, the provision does not include a reasonably specific description of the intended uses of the digital replica, and the individual was not represented in the way the Act describes.
The individual is represented in that way if represented by legal counsel who negotiated the licensing of the digital replica rights under a written agreement, or by a labor union whose collective bargaining agreement expressly covers uses of digital replicas.
Section 5 defines a digital replica as a newly created, electronic representation of the identity of an actual individual, made using a computer, algorithm, software, tool, artificial intelligence, or other technology, fixed in a sound recording or audiovisual work in which the individual did not actually perform or appear, and so realistic that a reasonable observer would believe it is a performance by that individual and no other. Section 15 applies the Act to agreements entered into after its effective date.
When LexLint raises it
When your app profile says your app generates audio with AI, generates images with AI or generates video with AI.