If a business used your name, photo, voice, or an AI-generated likeness of you in an ad or on a product without your written permission, Illinois law lets you sue. I'm Jonathan Francis, a Chicago right of publicity lawyer, and I bring these claims for individuals in the Circuit Court of Cook County and in federal court.
The Illinois Right of Publicity Act sets a minimum recovery of $1,000, allows punitive damages for willful violations, and lets the court order the use stopped. The deadline is short, though: generally one year from when the ad or post first appeared.
This page is general information, not legal advice about your situation.
Free, confidential case review. Fill out a short form and tell me where your name or image was used. I'll tell you whether you have a claim and how the fee would work.
Contacting me does not create an attorney-client relationship. Until we've confirmed there's no conflict and agreed in writing to work together, please send only the business's name and where you saw the use, and don't include other confidential details.
What is the Illinois right of publicity?
The Illinois right of publicity is each person's legal right to control whether and how their identity is used for commercial purposes, and a business must have your written consent before using it to sell or advertise anything.
"Identity" means anything that identifies you to an ordinary viewer or listener, including your name, signature, photograph, image, likeness, or voice. A "commercial purpose" covers using it on or with a product or service for sale, in advertising or promotion, or for fundraising (765 ILCS 1075/5, /10, /30). You don't have to be famous. The Act protects any person, whether or not their identity has ever been used commercially before.
Common situations
Most right of publicity claims start with an ordinary business using a real person's photo, name, or voice in marketing without a signed release that covers that use.
Your photo in someone's ad
A gym, salon, restaurant, bar, or online store uses your picture in a social media ad, flyer, website, or product listing.
Use after you left
A former employer, studio, or client keeps your photo, name, or testimonial in its marketing after your consent ended or never covered that use.
Model and influencer content
A brand runs your photos or videos as paid ads, or beyond the time, platform, or purpose your agreement allowed.
AI likeness or voice clone
An ad or video uses an AI-generated version of your face or voice that you never recorded or approved.
A false endorsement
A business implies you use, recommend, or are affiliated with its product when you aren't.
A family member who has died
The right lasts 50 years after death and passes to the person's heirs or to whoever it was transferred to in writing (§§ 15, 20, 30(c)).
What you can recover
A person whose identity was used without consent can recover the greater of $1,000 or their actual damages plus the profits from the unauthorized use, and punitive damages if the violation was willful.
- Damages or profits. The greater of $1,000, or actual damages and the profits from the use (765 ILCS 1075/40(a)). To show profits, you prove the revenue tied to the use, and the business has to prove its deductible expenses (§ 45).
- Punitive damages for willful violations (§ 40(b)).
- A court order stopping the use, including a temporary restraining order when the harm is ongoing (§ 50).
- Attorney's fees and costs. The court may award them to the prevailing party (§ 55). That cuts both ways, so a weak claim carries real risk.
When the use falsely suggests you endorse a product, a federal false endorsement claim under the Lanham Act (15 U.S.C. § 1125(a)(1)(A)) may also be available, which can open the door to federal court and additional remedies.
What the Act does not cover
The Act does not reach news reporting, sports broadcasts, political campaigns, or creative works such as books, films, and fine art that are not themselves advertisements.
It also exempts truthfully identifying someone as the author or performer of a work, and a professional photographer displaying portfolio samples until the person pictured objects in writing. For AI digital replicas, there are added exemptions for comment, criticism, satire, parody, and documentaries, unless the use creates the false impression of an authentic recording (§ 35). Whether a use is "commercial" is often the real fight, and it is worth getting a read on before you send a demand.
The deadline: one year from first publication
A claim under the Illinois Right of Publicity Act generally must be filed within one year after the ad or post first appeared, not one year after you found out about it.
Illinois courts apply a one-year limitations period to these claims (Blair v. Nevada Landing Partnership, 369 Ill. App. 3d 318 (2d Dist. 2006)). In January 2026 the U.S. Court of Appeals for the Seventh Circuit predicted that Illinois courts would apply the single-publication rule, so the clock starts at first publication even if the person didn't see the use until later, at least when the material was publicly available online (Giovannelli v. Walmart Inc., Nos. 24-2869 et al. (7th Cir. Jan. 22, 2026); summary). If you just found an ad that has been running for months, contact a lawyer now.
AI-generated likenesses and voice clones
Since January 1, 2025, the Illinois Right of Publicity Act also covers "digital replicas," meaning computer- or AI-generated versions of a real person's voice, image, or likeness that the person never actually recorded.
Under Public Act 103-0836, a person may not knowingly distribute a sound recording or video with actual knowledge that it contains an unauthorized digital replica, and anyone who knowingly helps after learning of the violation can be liable too. Hosting platforms and similar services are protected if they act quickly once notified (§ 30(b), (d), (e)). That makes a prompt, specific written notice to the platform an important early step. A separate law makes some contract terms that allow a digital replica to replace a performer's work unenforceable unless they describe the intended uses with reasonable specificity (Public Act 103-0830).
What to do now
Save proof of the use with dates and links, find any release you signed, and talk to a lawyer before you contact the business, because the one-year clock is already running.
- Capture it. Screenshots or screen recordings of every place the use appears, with the URL, the date, and the account or business name.
- Find the first date. When the ad or post first went up. Post dates, ad library entries, and archived pages can all help.
- Find your paperwork. Any model release, photo release, employment or influencer agreement, membership waiver, or email where you agreed to the use. The Act requires written consent, and its scope matters.
- Hold off on calling them out. A public post or angry message can make the business delete evidence or dig in. A lawyer's demand letter is usually more effective.
- Get the claim reviewed. Whether the use was commercial, whether a release covers it, and the filing deadline are the three questions that decide most cases.
The one-year deadline runs from the first post. Start your case review now and you'll hear back promptly.
Contacting me does not create an attorney-client relationship. Until we've confirmed there's no conflict and agreed in writing to work together, please send only the business's name and where you saw the use, and don't include other confidential details.
How I handle right of publicity claims
I represent individuals whose name, image, or voice was used without permission, from the first demand letter through a lawsuit in the Circuit Court of Cook County or federal court if one is needed.
Many of these claims resolve with a demand letter that gets the use taken down and the person paid. When a business refuses, the claim can be filed with a federal false endorsement claim where the facts support one, and with a request for a court order if the use is ongoing, including claims over AI-generated ads. Fee arrangements depend on the case, and I'll explain the options after the free review. I'm admitted in Illinois and in the U.S. District Courts for the Northern and Central Districts of Illinois and the Eastern District of Wisconsin.
Related: Business and IP litigation · Trademark registration and enforcement · About Jonathan Francis
Frequently asked questions
Do I have to be famous to have a right of publicity claim in Illinois?
No. The Illinois Right of Publicity Act protects any person, whether or not their identity has ever been used commercially before. Fame can affect how much the use is worth, but it is not required to bring a claim.
A business used my photo in an ad without asking. Is that illegal in Illinois?
Generally yes, if the photo identifies you and was used to advertise or sell something without your written consent. The main exceptions are news, sports, political, and creative uses that are not themselves ads.
I signed a release when I joined the gym or took the job. Can they still use my photo?
It depends on what the release says. Many releases are limited by time, purpose, or medium, or ended when you left, so the exact wording matters and should be reviewed before you assume the use is allowed.
How much is a right of publicity claim worth?
The Act provides for at least $1,000, or your actual damages plus the business's profits from the use if that is more, with punitive damages possible for willful violations. Real value depends on how widely the use ran, what a license would have cost, and how the business profited.
How long do I have to file?
Generally one year from when the use was first published. A federal appeals court ruled in 2026 that the clock does not wait until you discover the use when it was publicly available, so act quickly.
Someone made an AI video or voice clone of me. Is that covered?
Often, yes. Since January 1, 2025, the Act covers unauthorized digital replicas of a person's voice or likeness, and an AI version used to advertise a product is also a commercial use of your identity.
The business already took it down. Do I still have a claim?
Yes, for the past use, as long as you are within the one-year deadline. Removal can affect what the claim is worth, so save your proof before it disappears.
Attorney Advertising. General information, not legal advice. Contacting this office does not create an attorney-client relationship. Prior results do not guarantee a similar outcome. Responsible attorney: Jonathan M. Francis, 3525 West Peterson Avenue, Suite 604, Chicago, Illinois 60659.