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HB 3178

Relating to conditions for financing a transaction involving a motor vehicle.

2025 Regular Session Introduced by Wlnsvey Campos and 7 co-sponsors

Limits vague waivers; requires clear, negotiated licenses or union-backed terms for digital replicas to replace in-person performances after Jan 1, 2026.

Chapter 81, (2025 Laws): Effective date January 1, 2026.
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Bill Summary · HB 3178

Summary — HB 3178 (Public Act 104‑0282)

Title: DIGITAL PROTECT — USE OF REPLICA
Public Act: 104‑0282
Introduced: Feb 21, 2025 · Governor approved: Aug 15, 2025 · Effective: Jan 1, 2026

Purpose / Intent

Amends Section 10 of the Illinois Digital Voice and Likeness Protection Act to limit when contract clauses allowing creation/use of a “digital replica” (digital versions of an individual's voice or likeness) are enforceable. The change is designed to require clearer, negotiated permissions before a person’s digital replica may replace in‑person performance in future productions, unless specific procedural safeguards are met.

Key provisions

  • Scope: The amendment applies only to new performances that are “fixed” on or after January 1, 2026.
  • Unenforceable contract clauses: A provision is contrary to public policy and unenforceable only insofar as it permits creation/use of a digital replica to replace work the individual would otherwise perform in person if all of the following are true:
    1. The clause allows creation/use of the individual’s voice or likeness as a digital replica in place of the individual’s in‑person work.
    2. The clause does not include a reasonably specific description of the intended uses of that digital replica.
    3. The individual was not either:
      • represented by legal counsel who negotiated written licensing terms for the digital replica; or
      • represented by a labor union whose collective bargaining agreement expressly covers uses of digital replicas.
  • Exception (subsection b): Omission of a specific description does not automatically make a provision unenforceable if the uses of the digital replica are consistent with the contract’s terms for the performance and preserve the fundamental character of the recorded photography or soundtrack.
  • Non‑retroactivity and contract preservation (subsection c): The Section affects only the described provision; other contract terms and exclusivity grants are not abrogated by this change.

Who is affected

  • Individual performers (actors, voice artists, musicians, models) and people who contract for personal/professional services.
  • Employers, production companies, agents, and entities seeking to create or license digital replicas.
  • Labor unions and attorneys negotiating rights and licensing for digital replicas.
  • Technology firms that create or use digital replicas in media/commerce.

Procedural timeline & status

  • Introduced Feb 21, 2025; passed both chambers (May 2025); sent to Governor June 20, 2025; approved Aug 15, 2025.
  • Became Public Act 104‑0282; takes effect Jan 1, 2026.
  • Sponsor(s): Rep. Jennifer Gong‑Gershowitz; Chief Senate Sponsor Sen. Mary Edly‑Allen; Co‑sponsor Rep. Hoan Huynh.
  • Companion bill: SB 1553.

Impact: The amendment encourages explicit, negotiated licensing (or union coverage) of digital‑replica uses and narrows circumstances where broad or vague waiver language will be enforceable for future digitally replicated performances.

Compiled from official sources — confirm details with the bill’s official record.

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