The Illinois Digital Replica Law (HB 4875, Public Act 103-0836) amends the Illinois Right of Publicity Act to cover AI. It has been in effect since January 1, 2025 and is why Illinois is frequently called the second state, after Tennessee, to ban unauthorized AI replicas of artists.
How the Illinois Digital Replica Law Defines Liability
The law defines a digital replica as a newly created electronic representation of a real person’s voice, image, or likeness made with AI or similar technology, appearing in a recording or audiovisual work the person never actually performed in. Knowingly distributing a sound recording or audiovisual work containing an unauthorized digital replica creates civil liability, and protection extends 50 years after death.
Exceptions and the Platform Safe Harbor
Exceptions cover news, documentaries, political campaigns, education, satire, parody, and commentary. Platforms and service providers get a safe harbor if they follow takedown procedures modeled on federal copyright law, which gives distribution channels a familiar compliance playbook. Anyone producing or hosting synthetic voice or likeness content connected to Illinois should build licensing checks and takedown workflows into their process.
Source: Illinois General Assembly: HB 4875 / Public Act 103-0836
Report a violation: If you believe a business is violating this law, you can file a complaint with the Illinois Attorney General Consumer Fraud Bureau.
