Enacted laws

IP / Creative · HB 4762

Digital Voice & Likeness Protection

Digital Voice and Likeness Protection Act

In force
Public Act
PA 103-0882
Effective
August 9, 2024
Enforced by
Private right of action (civil court)
Verified

Voids contract provisions that allow AI duplication of a performer's voice or likeness unless the provision was clearly explained and the performer was represented by counsel or a union.

HB 4762 regulates the paperwork of synthetic performance rather than the technology itself. The insight is that AI voice-and-likeness cloning almost always travels through a contract, and the party being cloned is usually the one with the least leverage. So the Act attaches conditions to that contract: a specific description of what will be made, and representation — counsel or union — at the moment of agreement. Absent either, the clause is void.

It is the narrower of Illinois’ two 2024 likeness statutes. Where the Right of Publicity amendment (HB 4875) reaches commercial use by anyone, HB 4762 reaches the employment-style contract between a performer and the entity that would replicate them. Read the two together: one governs the deal, the other governs the distribution.

What it requires

  • A contract provision authorizing an AI digital replica must contain a reasonably specific description of the intended uses.
  • The individual must have been represented by legal counsel or a labor union when agreeing to the provision, or the provision is void.
  • Provisions that fail these conditions are unenforceable as a matter of law.

Who is covered

Producers, studios, agencies, and platforms in Illinois that contract for the use of a person's voice or likeness — and the performers and creators those contracts bind.

What the exposure is

Non-compliant contracts void; private civil action

Non-compliant contract provisions are void as a matter of law. Performers and creators may pursue actual damages and equitable relief through a private civil action. There is no statute-specific dollar cap.

Key dates

  • August 9, 2024 Signed as PA 103-0882 — effective immediately

If this applies to you

  • Review existing performer, contributor, and likeness contracts for AI-cloning provisions.
  • Re-paper non-compliant likeness contracts with an explicit description of AI-cloning rights and confirmation of counsel or union representation.
  • Add a "no AI cloning without separate written consent" clause to new performer contracts.
  • Maintain a documented record of consent for any AI-generated voice or likeness use.

Primary sources 2

  1. Bill text HB 4762 (103rd GA) — Full Bill Text Illinois General Assembly · ilga.gov · retrieved
  2. Public Act Public Act 103-0882 — Full Text (PDF) Illinois General Assembly · ilga.gov · retrieved

Spot an error? Report a correction →