Illinois Is the Second State in the Nation to Ban Unauthorized AI-Generated Digital Replicas

As of January 1, 2025, HB 4875 updated Illinois’ Right of Publicity law, making the production of digital replicas of individuals without their consent illegal, and holding those accountable who produce them.  For clarity, “digital replica” is defined in the statute as “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 that individual's voice, image, or likeness being imitated.” Recording artists themselves or parties contracting with recording artists to obtain an exclusive license for distributing audio recordings capturing the artist’s audio performances are each authorized to enforce their rights against unauthorized digital replicas prohibited by the new law.