United States of America: Introduced Nurture Originals, Foster Art, and Keep Entertainment Safe Act (NO FAKES Act/HB 5594)

On 9 February 2024, the Nurture Originals, Foster Art, and Keep Entertainment Safe Act was introduced in the Illinois General Assembly. The Act establishes a digital replication right, granting individuals the right to authorise the use of their image, voice, or visual likeness in a digital replica. A digital replica is defined as a "newly created, computer-generated, electronic representation of the image, voice, or visual likeness of an individual that (A) is nearly indistinguishable from the actual image, voice, or visual likeness of that individual; and (B) is fixed in a sound recording or audiovisual work in which that individual did not actually perform or appear." Persons violating the digital replication right must pay USD 5'000 per violation or damages suffered by the injured party.