Becker Assists in Passing Illinois Legislation Aiming to Protect Artists Against Misuse of Artificial Intelligence
Swanson, Martin & Bell, LLP Partner and Chair of the firm’s Entertainment and Media Law Practice Group, Jeffrey S. Becker, played a key role in guiding an essential bill through the Illinois General Assembly: the AI Digital Replica Protections Law: HB4875.
The Bill, which safeguards artists from having third parties misappropriate their voice and likeness through the use of artificial intelligence (AI), was passed through the House and Senate unanimously and was signed into law by Governor Pritzker on August 9, 2024. As such, it will become effective on January 1, 2025.
Becker and worked with Rep. Jennifer Gong-Gershowitz, Senator Mary Edly-Allen, and Cozen O'Connor Public Strategies member Matt Gavin in drafting this bill and guiding it through both the Illinois House and Senate. Illinois is only the second state to pass legislation designed to protect against the use of artificial intelligence to replicate an artist’s voice, image, and likeness without their consent and to punish individuals who use wrongfully created music to compete with the artist’s own content.
As a seasoned music lawyer and member of the Chicago Chapter of the Recording Academy, Becker's expertise was used to help draft the legislation and educate the Illinois General Assembly on the importance of protecting artists' rights to control their name, image, and likeness, particularly as AI technology has evolved. This new law explicitly addresses the challenges artists face from AI-generated creations and digital replicas of their voice and image. The Recording Academy has advocated for the Bill and how it establishes key safeguards and enforcement mechanisms to ensure an individual's identity is not misappropriated by generative AI.
Jeff and his team led negotiations with a variety of stakeholders who initially opposed the Bill, including technology, software, and telecommunications companies, to ensure that a bill was drafted that punished bad actors without chilling creative expression or creating unnecessary liability for companies that might unknowingly contribute to the creation or distribution of unauthorized digital replicas.
Through extensive negotiations with stakeholders, the team was able to remove all opposition and pass the Bill unanimously out of both the House and Senate and move it along to the Governor where his signature will turn it into a law. It is a model legislation that musicians are talking about, and Illinois is only the second state in the nation (after Tennessee) to pass such a bill.
As AI issues continue to permeate every aspect of our lives, Jeff has been at the forefront of regulations designed to protect artists in Illinois and beyond. A link to recent press on this law can be found HERE.
Jeffrey S. Becker founded Swanson, Martin & Bell's Entertainment and Media Law Practice Group in 2012. His clients include Grammy Award-winning musicians, producers and songwriters, publishers and record labels, professional athletes, authors, independent filmmakers, and other creative individuals and entertainment-related businesses. He successfully assists clients in resolving contractual and business disputes, wielding his expertise in copyright and trademark claims, trade secret battles, and defamation lawsuits. Becker has served as secretary on the Recording Academy's Board of Governors for the Chicago Chapter and co-chair of its Legislative Advocacy Committee.
Jeff also places great emphasis on family and philanthropy, recognizing their integral role in both his personal life and career. As a dedicated advocate for giving back to the community, Jeff’s commitment extends to organizations like Lawyers for the Creative Arts, where he volunteers his time, providing invaluable legal support to artists in need. His philanthropic endeavors go beyond traditional avenues, as evidenced by his creation of "Sound of Summer," an annual musical event with a charitable purpose. This initiative not only showcases Jeff’s passion for music but also underscores his belief in using his talents to uplift others and foster positive change in the world. Learn more about Jeff and his practice here.
