State lawmakers across the country continue to pursue new legislation to regulate the use of artificial intelligence (“AI”), and especially the creation and distribution of AI-generated content (sometimes referred to as “deepfakes,” “synthetic content,” or “fabricated media”). On March 21, 2024, Tennessee’s governor signed the Ensuring Likeness, Voice, and Image Security Act (“ELVIS Act”) (HB 2091), marking a new push by state lawmakers to protect the commercial interests of artists and musicians from AI-generated impersonations.
Protections for Name, Photograph, Voice, and Likeness. The ELVIS Act replaces Tennessee’s Personal Rights Protection Act of 1984, establishing an individual property right in the use of one’s own voice, in addition to rights in a one’s name, photograph, or likeness. The Act imposes civil liability on any person who publishes, performs, distributes, transmits, or otherwise makes publicly available a person’s voice or likeness while knowing that such use was not authorized by the individual. In addition, the Act prohibits the knowing use of an individual’s name, photograph, voice, or likeness for advertising, fundraising, or soliciting donations or purchases without the depicted individual’s prior consent. The Act requires the prior consent of a parent or guardian in the case of minors, or the prior consent of an executor, administrator, heir, or devisee in the case of deceased individuals.
Liability for Content-Generating Software Tools. In addition to imposing liability for certain uses of an individual’s name, photograph, voice, or likeness, the ELVIS Act also prohibits persons from distributing, transmitting, or otherwise making available an “algorithm, software, tool, or other technology, service, or device” if such tools have the “primary purpose or function” of producing the photograph, voice, or likeness of another without authorization.
Record Labels and Distributors. Finally, the ELVIS Act provides that a claim may be brought by the individual, or any persons who have entered into (1) exclusive contracts for that individual’s services as a recording artist, or (2) contracts for exclusive licenses to distribute recordings of that individual’s audio performances.”
The ELVIS Act will come into effect on July 1, 2024. We are closely monitoring these and related state AI developments as they unfold. You can find a summary of key themes in AI bills introduced by state legislatures in the past year in our blog post here and a summary of recent state synthetic media and generative AI legislation in our blog post here.
We will continue to update you on meaningful developments related to artificial intelligence and technology regulation here and across our blogs.