Illinois Statutes Chapter 765. Property § 1075/30. Limitations regarding use of an individual's identity

(a) 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 or persons specified in Section 20 of this Act or their authorized representative.

(b) A person may not knowingly distribute, transmit, or make available to the general public a sound recording or audiovisual work with actual knowledge that the work contains an unauthorized digital replica.

(c) If an individual's death occurs after the effective date of this Act, a person may not use that individual's identity or digital replica in violation of this Act for 50 years after the date of the individual's death without having obtained previous written consent from the appropriate person or persons specified in Section 20 of this Act.

(d) Any person who materially contributes to, induces, or otherwise facilitates a violation of subsection (b) by another person after having obtained actual knowledge that the other person is infringing upon an individual's rights under this Section may be found liable for the violation.

(e) Subsection (d) does not apply to a person that solely transmits, stores, or provides access to data or software, including interactive entertainment software, application software providers, or cloud service providers with respect to any unauthorized digital replica stored or transmitted at the direction of a user of material that resides on a system or network, if the person:

(f) Subject to the limitations in subsection (e), all of the elements of 17 U.S.C. 512 shall be incorporated mutatis mutandis with respect to claims relating to unauthorized digital replicas. This exemption shall apply without regard to whether the unauthorized version infringes copyright.

(g) Nothing in this Act may be construed in a manner inconsistent with 47 U.S.C. 230 or any other federal law.