(Text of Section before amendment by P.A.
502 words·~2 min read·
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(Text of Section before amendment by P.A. 104-282)
Sec. 10. Unenforceable agreements.
(a)A provision in an agreement between an individual and any other person for the performance of personal or professional services is contrary to public policy and is deemed unenforceable if the provision meets all of the following conditions:
(1)the provision allows for the creation and use of a digital replica of the
individual's voice or likeness in place of work the individual would otherwise have performed in person;
(2)the provision does not include a reasonably specific description of the intended
uses of the digital replica; and
(3)the individual was not either:
(A)represented by legal counsel who negotiated on behalf of the individual
licensing his or her digital replica rights and the licensing terms governing the use of the applicable digital replica exist in a written agreement; or
(B)represented by a labor union representing workers who do the proposed work and
the terms of the individual's collective bargaining agreement expressly covers uses of digital replicas as that term is defined in this Act or in the individual's collective bargaining agreement.
(Text of Section after amendment by P.A. 104-282)
Sec. 10. Unenforceable agreements.
(a)A provision in an agreement between an individual and any other person for the performance of personal or professional services is unenforceable only as it relates to a new performance, fixed on or after January 1, 2026, by a digital replica of an individual if the provision meets all of the following conditions:
(1)the provision allows for the creation and use of a digital replica of the
individual's voice or likeness in place of work the individual would otherwise have performed in person;
(2)the provision does not include a reasonably specific description of the intended
uses of the digital replica; and
(3)the individual was not either:
(A)represented by legal counsel who negotiated on behalf of the individual
licensing his or her digital replica rights and the licensing terms governing the use of the applicable digital replica exist in a written agreement; or
(B)represented by a labor union representing workers who do the proposed work and
the terms of the labor union's collective bargaining agreement expressly covers uses of digital replicas as that term is defined in this Act or in the individual's collective bargaining agreement.
(b)The failure to include a reasonably specific description of the intended uses of a digital replica as described in paragraph
(2)of subsection
(a)shall not render a provision in an agreement unenforceable when the uses of the digital replica are consistent with the terms of the contract for the performance of personal or professional services and the fundamental character of the photography or sound track as recorded or performed.
(c)This Section does not affect any provision of a contract other than a provision described in subsection
(a)and does not impact, abrogate, or otherwise affect any exclusivity grants contained in, or related to, a provision subject to subsection (a).