Sec. 35. Applicability.

472 words·~2 min read·/il/chapter-765/act-1075/35

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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 original work of fine art, play, book, article, musical work, film, radio, television, or other audio, visual, or audio-visual work, provided that the performance, work, play, book, article, or film does not constitute in and of itself a commercial advertisement for a product, merchandise, goods, or services;

(2)use of an individual's identity for non-commercial purposes, including any news,

public affairs, or sports broadcast or account, or any political campaign;

(3)use of an individual's name in truthfully identifying the person as the author of a

particular work or program or the performer in a particular performance;

(4)promotional materials, advertisements, or commercial announcements for a use

described under paragraph (1), (2), or

(3)of this subsection; or

(5)use of photographs, videotapes, and images by a person, firm, or corporation

practicing the profession of photography ("professional photographer") to exhibit in or about the professional photographer's place of business or portfolio, specimens of the professional photographer's work, unless the exhibition is continued by the professional photographer after written notice objecting to the exhibition has been given by the individual portrayed.

(c)Subsections

(b)and

(c)of Section 30 do not apply to the use of identity or digital replicas in the following:

(1)news, public affairs, or a sports broadcast or account, or any political campaign;

(2)for a purpose that has political, public interest, educational, or newsworthy value,

unless use of the audiovisual digital replica is intended to create, and does create, the false impression to a reasonable viewer or listener that the work is an authentic recording in which the individual participated;

(3)use of a digital replica to depict the individual in a documentary, docudrama, or

historical or biographical audiovisual work, or any other representation of the individual as such individual, regardless of the degree of fictionalization, unless the use of the audiovisual digital replica creates the false impression to a reasonable viewer or listener that the digital replica is an authentic recording or that the individual participated in the work, including, for example, in a live performance of a musical work an individual did not participate in;

(4)use of digital replica for the purposes of comment, criticism, scholarship, satire,

or parody; or

(5)promotional materials, advertisements, or commercial announcements for a use

described in paragraphs (1), (2), (3), and (4).

(d)The provisions of this amendatory Act of the 103rd General Assembly do not apply to any action filed before, nor to any action pending on, its effective date.