On August 9, 2024, Illinois artists and advocates scored a significant victory as Governor J.B. Pritzker signed HB 4875 into law, marking a pivotal moment in the protection of artists' rights in the digital age.
The new legislation, championed by the Recording Academy, updates Illinois's Right of Publicity law to address the emerging challenges posed by generative AI. This makes Illinois the second state in the nation, following Tennessee, to enact such protections for creators, setting a strong precedent for safeguarding against the unauthorized replication of individuals' likenesses.
HB 4875, sponsored by Rep. Jennifer Gong-Gershowitz and Senator Mary Edly-Allen, received bipartisan support as it moved through both the Illinois House of Representatives and Senate earlier this year. The law makes it illegal to produce unauthorized digital replicas of individuals and holds accountable anyone who contributes to or facilitates the distribution of these digital duplicates. This legal safeguard is essential in protecting artists from exploitation in an era where AI technology is rapidly evolving.
“The growing use of Generative AI has led to a situation wherein artists’ likeness can be recreated and used to generate new content without compensating — or even notifying — the human artist," said Rep. Jennifer Gong-Gershowitz. "HB 4875 protects artists from this new form of economic exploitation by creating a path to restitution for victims.”
Read more: NO FAKES Act Introduced In The Senate: Protecting Artists' Rights In The Age Of AI
Since its introduction in February, the Recording Academy has been a vocal advocate for the passage of HB 4875. Recording Academy National Trustee Dani Deahl and Chicago Chapter Board Member Jeff Becker testified in favor of the legislation before both chambers in March, underscoring the need for robust protections for creators. Becker, an attorney specializing in entertainment and media law, and Deahl, a DJ, producer, and artist based in Chicago, highlighted the potential dangers that AI-generated replicas pose to the rights and livelihoods of artists.
In April, members of the Recording Academy's Chicago Chapter took their advocacy efforts to Springfield, meeting with lawmakers to discuss the importance of HB 4875 in the context of the rapidly changing AI landscape. Their efforts paid off when the House passed the legislation by a vote of 79-24 the following day.
“We are thrilled to celebrate Gov. Pritzker’s signing of HB 4875 as Illinois becomes the second state in the nation to update its right of publicity law to protect creators in the age of artificial intelligence,” said Todd Dupler, the Recording Academy's Chief Advocacy Officer. “From helping craft the original legislation to leading a lobbying day with our Chicago Chapter members, the Recording Academy has championed HB 4875 from the very beginning, and this victory represents the core of our mission to advance legislation that ensures a robust music ecosystem for human creators. We are grateful to Rep. Gong-Gershowitz and Sen. Edly-Allen for their collaboration, and we will continue to advocate for the music community in this era of technological change.”
The Recording Academy's advocacy efforts will continue this October with the 10th Music Advocacy Day. Members will visit the district offices of their elected representatives to discuss crucial industry-related legislation, including the NO FAKES Act. This federal legislation aims to establish the first-ever nationwide right of publicity, building on the success of state laws like HB 4875.
The passage of HB 4875 in Illinois is a significant step forward in protecting artists' rights in an ever-changing digital landscape. The Recording Academy remains committed to ensuring that creators have the necessary legal protections to thrive in this new era.
