765 ILCS 1075/1
Short title
Short title. This Act may be cited as the Right of Publicity Act. (Source: P.A. 90-747, eff. 1-1-99.)
Illinois Compiled Statutes 765 ILCS 1075 — Right of Publicity Act.
Illinois · statute · 765 ILCS 1075 · 13 active provisions
765 ILCS 1075/5
Definitions
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 int…
765 ILCS 1075/10
Recognition of right of publicity
Recognition of right of publicity. The right to control and to choose whether and how to use an individual's identity for commercial purposes is recognized as each individual's right of publicity. (Source: P.A. 90-747, eff. 1-1-99.)
765 ILCS 1075/15
Transferability, descendability, and divisibility
Transferability, descendability, and divisibility. The rights under this Act are property rights that are freely transferable in whole or in part to any person either by written transfer, including but not limited to wills and trusts, or by intestate succession only to an individual's spouse, parents, children, and gra…
765 ILCS 1075/20
Enforcement of rights and remedies
Enforcement of rights and remedies. (a) The rights and remedies set forth in this Act may be exercised and enforced by: (1) an individual or his or her authorized representative; (2) a person to whom the recognized rights have been transferred by written transfer under Section 15 of this Act; or (3) after the death of…
765 ILCS 1075/25
Termination of rights of deceased individual
Termination of rights of deceased individual. The rights set forth in this Act terminate if: (a) a deceased individual has not transferred his or her rights in writing under Section 15 of this Act; and (b) the individual has no living spouse, parents, children, or grandchildren. (Source: P.A. 90-747, eff. 1-1-99.)
765 ILCS 1075/30
Limitations regarding use of an individual's identity
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…
765 ILCS 1075/35
Applicability
Applicability. (a) This Act applies to acts or events that take place after the effective date of this Act. (b) Subsections (a) and (c) of Section 30 do not apply to the following: (1) use of an individual's identity in an attempt to portray, describe, or impersonate that individual in a live performance, a single and…
765 ILCS 1075/40
Violations; monetary relief
Violations; monetary relief. (a) A person who violates Section 30 of this Act may be liable for either of the following, whichever is greater: (1) actual damages, profits derived from the unauthorized use, or both; or (2) $1,000. (b) Punitive damages may be awarded against a person found to have willfully violated Sect…
765 ILCS 1075/45
Establishment of profits
Establishment of profits. In establishing profits under paragraph (1) of subsection (a) of Section 40 of this Act: (a) the plaintiff is required to prove the damages or gross revenue attributable to the unauthorized use; and (b) the defendant is required to prove properly deductible expenses. (Source: P.A. 90-747, eff.…
765 ILCS 1075/50
Injunctive relief
Injunctive relief. Upon a showing of cause as required by Article XI of the Code of Civil Procedure for the issuance of injunctive relief, the court may issue such temporary restraining orders, preliminary injunctions, and permanent injunctions as may be appropriate under this Act. (Source: P.A. 90-747, eff. 1-1-99.)
765 ILCS 1075/55
Attorney's fees; costs
Attorney's fees; costs. The court may award to the prevailing party reasonable attorney's fees, costs, and expenses relating to an action under this Act. (Source: P.A. 90-747, eff. 1-1-99.)
765 ILCS 1075/60
Rights and remedies
Rights and remedies. The rights and remedies provided for in this Act are meant to supplant those available under the common law as of the effective date of this Act, but do not affect an individual's common law rights as they existed before the effective date of this Act. Except for the common law right of publicity,…