Illinois Digital Voice and Likeness Protection Act, explained

The short version

• The Digital Voice and Likeness Protection Act (815 ILCS 550) makes certain digital replica clauses in services contracts unenforceable.
• It applies when the clause lets a replica replace your in-person work, lacks a reasonably specific description of intended uses, and you had neither a lawyer nor a union representing you as the law describes.
• The Act took effect August 9, 2024. An amendment effective January 1, 2026 ties the rule to new performances by a replica fixed on or after that date.

What the law does

A provision in an agreement for personal or professional services is unenforceable, as it relates to a new performance by a digital replica fixed on or after January 1, 2026, if all of the following are true:

• It allows the creation and use of a digital replica of your voice or likeness in place of work you would otherwise have performed in person.
• It does not include a reasonably specific description of the intended uses of the replica.
• You were not represented by legal counsel who negotiated the licensing of your digital replica rights, with the licensing terms in a written agreement, or by a union whose collective bargaining agreement expressly covers digital replica uses.

The 2026 amendment added an exception: a missing description does not make the clause unenforceable if the uses are consistent with the contract and with the fundamental character of the photography or soundtrack as recorded or performed.

Illinois defines a digital replica as a newly created electronic representation of a real person's identity, made with a computer, algorithm, software, AI or other technology, fixed in a recording or audiovisual work they did not actually perform in, and so realistic that a reasonable observer would believe it is that person's performance.

Who it protects

Individuals who contract to provide personal or professional services, including performers, voice actors, musicians and creators.

What it means for you

Performers: A vague AI clause may not be enforceable in Illinois if you signed without a lawyer or union negotiating those rights. That protection is narrower than it first appears, so read clauses closely.

Representatives: Put digital replica licensing terms in writing and describe the uses specifically.

Producers: Keep records showing when each replica performance was fixed. The 2026 rule turns on that date.

What it doesn't do

• It only affects the qualifying provision, not the rest of the contract or related exclusivity grants.
• It applies to agreements entered into after August 9, 2024.
• It does not ban digital replicas, and it does not create a general right to stop AI imitations outside a contract. Illinois addressed digital replicas separately through amendments to its Right of Publicity Act.

Status and key dates

• August 9, 2024: HB 4762 signed and effective as Public Act 103-0830.
• January 1, 2026: HB 3178 (Public Act 104-0282) amendment effective, limiting the rule to new performances fixed on or after this date and adding the "consistent uses" exception.

Frequently asked questions

Does the Illinois law apply to contracts signed before August 2024? The Act says it applies to agreements entered into after its effective date, August 9, 2024.

What changed in 2026? Public Act 104-0282 limited unenforceability to new replica performances fixed on or after January 1, 2026, and said a missing description does not void a clause if the uses fit the contract and the original performance.

Do I need a union to be protected? No. The protection applies when you were not represented. Having a lawyer or union negotiate replica rights is what can make a clause enforceable.

What you can do

• Look for AI and replica language in every services contract.
• Ask for a specific, written list of uses.
• Have a lawyer negotiate replica terms, or check your union agreement.
• Keep a dated copy of what you signed.

Royall helps you keep a record of what you have and haven't consented to.

Sources

• 815 ILCS 550/10, Unenforceable agreements: https://www.ilga.gov/documents/legislation/ilcs/documents/081505500K10.htm
• 815 ILCS 550/5, Definitions: https://www.ilga.gov/documents/legislation/ilcs/documents/081505500K5.htm
• Public Act 104-0282 (HB 3178): https://ilga.gov/ftp/Public%20Acts/104/104-0282.htm
• HB 4762 bill status (Public Act 103-0830): https://www.ilga.gov/ftp/legislation/103/BillStatus/HTML/10300HB4762.html

Last verified: 2026-09-27

This is general information, not legal advice.