HB 4875

Abstract

Amends the Right of Publicity Act. Grants additional enforcement rights and remedies to recording artists. Provides for the liability of any person who materially contributes to, induces, or otherwise facilitates a violation of a specified provision of the Act by another party after having reason to know that the other party is in violation. Defines "artificial intelligence" and "generative artificial intelligence". Changes the definition of "commercial purpose" and "identity". House Committee Amendment No. 1 In a subsection concerning enforcement of rights and remedies by recording artists, limits reference to "enforcement of rights and remedies" (rather than "exercise and enforcement of rights and remedies"). House Floor Amendment No. 2 Adds reference to: 765 ILCS 1075/35 Replaces everything after the enacting clause with the provisions of the bill as introduced with these changes. Changes the definition of "artificial Intelligence" to also include "generative artificial intelligence". Changes the definition of "commercial purpose" to mean for the purpose of distributing, transmitting, or otherwise making available a sound recording or audiovisual work that contains a digital replica of an individual with knowledge that use of the identity was not authorized by the individual. Changes the definition of "identity" to mean any attribute of an individual that serves to identify that individual to an ordinary, reasonable viewer or listener. Defines "digital replica" to mean a newly-created, electronic representation of the identity of an actual individual created using a computer, algorithm, software, tool, artificial intelligence, or other technology that is fixed in a sound recording or audiovisual work in which that individual did not actually perform or appear. Provides that liability under the Act does not apply to a person that solely transmits or stores data or software, including any service provider, with respect to any unauthorized digital replica by reason of the storage at the direction of a user of material that resides on a system or network, if the person (1) (i) does not have actual knowledge that the material or an activity using the material on the system or network is unauthorized; (ii) is not aware of facts or circumstances from which unauthorized activity is apparent; or (iii) upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the material; and (2) does not receive a financial benefit directly attributable to the unauthorized activity; and (3) upon notification of claimed unauthorized activity, responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity. Incorporates all of the elements of the safe harbor provisions of federal law for qualifying online service providers for claims relating to unauthorized digital replicas, and that this exemption applies without regard to whether the unauthorized version infringes copyright. Prohibits the Act from being construed in a manner inconsistent with federal law providing protection for private blocking and screening of offensive material or any other federal law. Senate Committee Amendment No. 2 Replaces everything after the enacting clause with the engrossed bill, with these changes. Restores the definition of "commercial purpose" to current law. Defines "digital replica" to mean a newly created, electronic representation of the voice, image or likeness of an actual individual created using a computer algorithm, software tool, artificial intelligence, or other technology that is fixed in a sound recording or audiovisual work in which that individual did not actually perform or appear, and which a reasonable person would believe is the individual's voice, image or likeness of the person being imitated. Defines "service provider" to mean any entity offering broadband services as used in the Broadband Advisory Council Act, a wireless carrier as defined by a specified federal law, or a telecommunications carrier as defined in the Public Utilities Act. Defines "person" to mean a natural or juristic person and a service provider may only constitute a person under this Act if the service provider created the unauthorized digital replica. Prohibits a person from distributing, transmitting, or making available to the general public a sound recording or audiovisual work that contains a digital replica of an individual with actual knowledge that the use of the digital replica was not authorized by the individual. Provides that this liability does not apply to the use of identity or digital replica in the following: (1) news, public affairs, or a sports broadcast or account, or any political campaign; (2) for a purpose that has political, public interest, educational, or newsworthy value, unless use of the audiovisual digital replica is intended to create, and does create, the false impression that the work is an authentic recording in which the individual participated; (3) use of a digital replica to depict the individual in a documentary, docudrama, or historical or biographical audiovisual work, or any other representation of the individual as such individual, regardless of the degree of fictionalization, unless the use of the audiovisual digital replica creates the false impression to a reasonable viewer or listener that the digital replica is an authentic recording or that the individual participated in the work; (4) use of digital replica for the purposes of comment, criticism, scholarship, satire, or parody; or (5) certain promotional materials, advertisements, or commercial announcements for certain use. Provides that the provisions of the amendatory Act do not apply to any action filed before, nor to any action pending on, its effective date. Senate Floor Amendment No. 3 Replaces everything after the enacting clause with the engrossed bill, as amended by Senate Amendment No. 2, with the following changes. Modifies the definitions of "digital replica" and "person". Defines "application software provider" and "unauthorized digital replica". Provides that a person may not knowingly distribute, transmit, or make available to the general public a sound recording or audiovisual work with actual knowledge that the work contains an unauthorized digital replica (rather than a person may not distribute, transmit, or make available to the general public a sound recording or audiovisual work that contains a digital replica of an individual with actual knowledge that the work contains an unauthorized digital replica). In provisions allowing a person who materially contributes to, induces, or otherwise facilitates a violation of the provisions by another person after having obtained actual knowledge that the other person is infringing upon an individual's rights under this Section to be found liable for the violation: (i) removes language that includes within those provisions distributing, transmitting, or otherwise making available to the general public an algorithm, software, tool, or other technology service or device the primary purpose or function of which is to produce the identity of particular, identified individuals with actual knowledge that distributing, transmitting, or otherwise making available to the general public that identity was not authorized by the individual; and (ii) modifies the exceptions to those provisions. Makes other changes.