Illinois Compiled Statutes
765 ILCS 1075/5 (2026)
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(765 ILCS 1075/5)
Sec. 5. Definitions. As used in this Act: "Artificial intelligence" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments. "Artificial intelligence" includes generative artificial intelligence. "Commercial purpose" means the public use or holding out of an individual's identity (i) on or in connection with the offering for sale or sale of a product, merchandise, goods, or services; (ii) for purposes of advertising or promoting products, merchandise, goods, or services; or (iii) for the purpose of fundraising. "Application software provider" means a person providing a digital distribution service for other software applications and that allows users to search for and download such applications. "Cloud service provider" means a cloud service provider as defined by 6 U.S.C. 650. "Digital replica" means 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 particular individual's voice, image, or likeness being imitated. "Generative artificial intelligence" means an automated computing system that, when prompted with human prompts, descriptions, or queries, can produce outputs that simulate human-produced content, including, but not limited to, the following: (1) textual outputs, such as short answers, essays, | poetry, or longer compositions or answers; |
(2) image outputs, such as fine art, photographs, | conceptual art, diagrams, and other images; |
(3) multimedia outputs, such as audio or video in the | form of compositions, songs, or short-form or long-form audio or video; and |
(4) other content that would be otherwise produced by | human means. |
"Identity" means any attribute of an individual that serves to identify that individual to an ordinary, reasonable viewer or listener, including but not limited to: (i) name, (ii) signature, (iii) photograph, (iv) image, (v) likeness, or (vi) voice. "Individual" means a living or deceased natural person, regardless of whether the identity of that individual has been used for a commercial purpose during the individual's lifetime. "Juristic person" means a partnership, trust, estate, corporation, unincorporated association, or other organization capable of suing and being sued in a court of law. "Name" means the actual name or other name by which an individual is known that is intended to identify that individual. "Person" means a natural or juristic person. "Person" only includes a service provider under subsections (b) and (d) of Section 30 if the service provider created the unauthorized digital replica. "Person" does not include a data center, as defined by the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois, under subsections (b) and (d) of Section 30. "Service provider" means any entity offering broadband service as that term is used in Section 10 of the Broadband Advisory Council Act, a wireless carrier as defined by 47 U.S.C. 615b(4), or a telecommunication carrier as that term is used in Section 13-202 of the Public Utilities Act. "Unauthorized digital replica" means the use of a digital replica of an individual without the consent of the appropriate person or persons identified in Section 20 or their authorized representative. "Work of Fine Art" means (i) a visual rendition including, but not limited to, a painting, drawing, sculpture, mosaic, videotape, or photograph; (ii) a work of calligraphy; (iii) a work of graphic art including, but not limited to, an etching, lithograph, serigraph, or offset print; (iv) a craft work in materials including, but not limited to, clay, textile, fiber, wood, metal, plastic, or glass; or (v) a work in mixed media including, but not limited to, a collage, assemblage, or work consisting of any combination of items (i) through (iv).(Source: P.A. 103-836, eff. 1-1-25.)
Notes of Decisions
Cited in 14
cases (3 in the last 5 years), 2007–2026 · leading case: Trannel v. Prairie Ridge Media, Inc., 2013 IL App (2d) 120725 (Ill. App. Ct. 2013).
Trannel v. Prairie Ridge Media, Inc., 2013 IL App (2d) 120725 (Ill. App. Ct. 2013). “765 ILCS 1075/5 (West 2010). A person who violates the Act can be liable for either actual damages, profits derived from the unauthorized use, or both, or $1,000.”
Christine Dancel v. Groupon, Inc., 949 F.3d 999 (7th Cir. 2019). “765 ILCS 1075/5, 30. She filed suit in the Circuit Court of Cook County and sought to maintain the action on behalf of a class of “Illinois residents” whose photo- graphs Groupon had similarly shown on its pages.”
Metlife Investors USA Ins. v. Zeidman, 734 F. Supp. 2d 304 (E.D.N.Y 2010). “The relevant statutory provision provides in pertinent part: A person may not use an individual’s identity for commercial purposes during the individual’s lifetime without having obtained previous written consent from the appropriate person.”
Brown v. ACMI Pop Div., 873 N.E.2d 954 (Ill. App. Ct. 2007). “” 765 ILCS 1075/5 (West 2002). In support, Brown cites Comedy III Productions, Inc.”
Jordan v. Jewel Food Stores, Inc., 83 F. Supp. 3d 761 (N.D. Ill. 2015). “” 765 ILCS 1075/5; see Trannel, 370 Ill.Dec.”
Nationstar Mortg. LLC v. Benavides, 2020 IL App (2d) 190681 (Ill. App. Ct. 2020). “” 765 ILCS 1075/5 (West 2018). ¶ 22 To lend legitimacy to defendant’s contention we would need to abandon the assumption that defendant is (1) aware of her own name, (2) aware that she is not a bank or lending institution, and (3) not involved in litigation in which she has…”
Christine Dancel v. Groupon, Inc. (7th Cir. 2019). “765 ILCS 1075/5, 30. She filed suit in the Circuit Court of Cook County and sought to maintain the action on behalf of a class of “Illinois residents” whose photo- graphs Groupon had similarly shown on its pages.”
Christine Dancel v. Groupon, Inc. (7th Cir. 2019). “765 ILCS 1075/5, 30. She filed suit in the Circuit Court of Cook County and sought to maintain the action on behalf of a class of “Illinois residents” whose photo- graphs Groupon had similarly shown on its pages.”
Fischer v. Instant Checkmate LLC. (N.D. Ill. 2022). “765 ILCS 1075/5; see 454 F. Supp. 3d at 761 (explaining that Instant Checkmate’s combination of these attributes makes unique identification plausible).”
Fischer v. Instant Checkmate LLC. (N.D. Ill. 2020). “See 765 ILCS 1075/5 (defining “commercial purposes” to mean “the public use or holding out of an individual’s identity (i) on or in connection with the offering for sale or sale of a product, merchandise, goods, or services; (ii) for purposes of advertising or promoting…”
Lukis v. Whitepages Inc. (N.D. Ill. 2020). “See 765 ILCS 1075/5 (defining “commercial purposes” to mean “the public use or holding out of an individual’s identity (i) on or in connection with the offering for sale or sale of a product, merchandise, goods, or services; (ii) for purposes of advertising or promoting…”
Chicago Car Care Inc. v. A.R.R. Enter., Inc. (N.D. Ill. 2021). “Dancel only rejected affidavit-based resolution of a complex factual question requiring individualized comparative analysis—whether a person’s social media username would identify the user to an ordinary reasonable viewer (pursuant to the Illinois Right of Publicity Act, 765…”
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