Table of Contents
Key Takeaways:
- The ELVIS Act (Ensuring Likeness, Voice, and Image Security Act) is a Tennessee law protecting public figures from unauthorized AI-generated likeness, voice, and image use.
- It expands on the Personal Rights Protection Act, ensuring stronger legal safeguards against AI-driven identity misuse.
- The law establishes a legal framework for addressing the growing risks of deepfakes and synthetic media, paving the way for future AI and digital identity regulations.
Tennessee, widely recognized as the “Music Capital of the World,” has long been home to musical legends whose influence extends far beyond the state’s borders. With cities like Nashville, renowned for its vibrant country music scene, and Memphis, the birthplace of rock ‘n’ roll, Tennessee continues to be a global epicenter of music. This rich musical heritage has shaped countless artists and continues to define the music industry. As the industry evolves with the rapid advancement of technology, it’s only fitting that the state would take the lead in protecting its iconic artists in new and necessary ways.
In recent years, artificial intelligence has significantly impacted the music industry, from creating new music to using an artist’s likeness in various forms of media. While AI presents exciting possibilities, it also brings challenges regarding the protection of intellectual property and artists’ legacies. This is where Tennessee’s groundbreaking “Elvis Act” comes into play. As the first of its kind, this legislation is designed to safeguard artists’ likenesses and identities, giving them—or their estates—control over how their digital likeness is used. In this article, we will explore what this act covers and what it means for the future of artists and their digital likenesses in an AI-driven world.
What Is Tennessee’s ELVIS Act?
The Ensuring Likeness Voice and Image Security Act, or ELVIS Act, aims to address gaps in current state law by protecting artists’ name, image, and likeness from threats such as artificial intelligence (AI). The law, which went into effect on July 21st, 2024, ensures that artists have control over how their voice and likeness are used, making it illegal to use AI to replicate an artist’s voice without permission. The ELVIS Act expands upon the state’s existing Protection of Personal Rights law, offering additional protections for songwriters, performers, and celebrities against the misuse of their voices and likenesses.
This landmark legislation responds to the growing concern that AI could be used to impersonate or replicate a celebrity’s voice, image, or identity without consent, particularly within the entertainment industry. By establishing clear guidelines, the ELVIS Act ensures the protection of artists’ personal brands and talents in the face of evolving technology.
Why Was The ELVIS Act Introduced?
The primary goal of the ELVIS Act is to protect the voice, image, and likeness of artists and public figures from unauthorized use and exploitation. Below are the key concerns the ELVIS Act aims to address:
1. The Rise of AI-Generated Content
AI platforms have made it simple for users to generate music or audio using a celebrity’s voice, which can be leveraged in advertising, media, or even new music releases. This not only takes away potential revenue for artists but also strips them of control over their likeness and how it is used. The fact that AI can now mimic an artist’s voice and generate content without their consent raises a major concern about reputational damage.
What if AI were used to create content that portrays an artist negatively, or is used in a way that contradicts their values or public image? The unauthorized use of an artist’s likeness or voice in these contexts can significantly harm their reputation and legacy, highlighting the urgent need for laws like the ELVIS Act. This legislation provides much-needed protections, ensuring that artists have control over how their identity is used and preventing exploitation through AI-generated content.
2. Gaps in Existing Laws
Before the ELVIS Act, the protection of individuals’ images and likenesses was governed by state-specific “right of publicity” laws, which were mainly designed for traditional forms of impersonation. Tennessee’s original right of publicity law, introduced in 1984 through the Personal Rights Protection Act, was not equipped to address the rise of AI-based impersonations. With only 35 U.S. states having comprehensive right-of-publicity laws, many of these existing laws did not account for the scale and precision of AI-generated replicas.
Tennessee, with its deep ties to music and entertainment—exemplified by Elvis Presley—acted quickly to close this legal gap, taking proactive steps to protect artists, leaving other states to catch up.
3. Preventing Misinformation and Reputation Damage
AI-driven deepfakes have the potential to manipulate public opinion, spread misinformation, and damage reputations. AI’s ability to convincingly simulate real people saying or doing things they never actually did is a growing threat. In the past, video evidence was often seen as irrefutable proof, but with AI’s ability to alter reality, additional verification such as digital signatures or watermarks are now necessary to confirm authenticity.
For example, a deepfake video surfaced in 2023 featuring the likeness of renowned musician and producer, Kanye West. The video was created using AI to simulate Kanye’s voice and image, showing him making controversial statements he never actually made. This AI-generated video went viral and quickly became a topic of debate online. The incident caused a significant amount of confusion among fans and the public, resulting in damage to Kanye’s reputation and sparking debates about the power of AI to manipulate public figures. While the video was later debunked, it showcased how easily AI could be used to tarnish a musician’s image, especially when used to create harmful or misleading content.
4. Impact on Legacy and Revenue
The AI-driven misuse of public figures’ identities can undermine their legacy and divert revenue away from them, especially in the case of deceased celebrities. For example, the Elvis Presley estate could lose substantial revenue if AI-generated content, such as a fake Elvis concert, was distributed without estate approval. This not only diminishes the brand’s value but also deprives heirs and stakeholders of rightful earnings, making it crucial to protect artists’ likenesses in the age of AI.
Key Provisions of the ELVIS Act
What makes the ELVIS Act different from what came before? How does this legislation help protect the identities and legacies of individuals in new ways? Below are the main provisions of the ELVIS Act:
1. Expanded Protection of Personal Attributes
The ELVIS Act expands Tennessee’s Personal Rights Protection Act of 1984 by adding “voice” to the list of protected personal attributes. This includes both real and AI-generated imitations of a person’s voice. By expanding Section 47-25-1105, the law now safeguards a person’s voice, photograph, likeness, and name from unauthorized commercial exploitation, ensuring these personal attributes cannot be used without consent.
2. Penalties for Unauthorized Use
The ELVIS Act significantly strengthens penalties for the unauthorized use of an individual’s protected attributes, such as their voice, name, photograph, or likeness. Victims, or their estates, can now pursue lawsuits for damages. These damages can include compensatory amounts for lost revenue or other economic harm caused by the misuse. Additionally, in cases of willful or malicious violations, punitive damages may be awarded to deter future misconduct and punish the wrongdoer.
3. Limited Defenses in Commercial Contexts
The ELVIS Act narrows certain defenses that could be used in commercial contexts. Specifically, claiming that content was unauthorized does not absolve liability for misuse. For example, platforms hosting unauthorized deepfake content cannot avoid responsibility simply by stating they did not create the content. This provision ensures that all parties involved—whether creators, distributors, or advertisers—are held accountable for the misuse of protected personal attributes.
4. Posthumous Protection
The ELVIS Act extends protection beyond an individual’s lifetime, ensuring the rights to their name, likeness, voice, and image are preserved after death. Heirs, executors, or administrators are authorized to manage and enforce these rights to prevent unauthorized use. This protects both the deceased’s legacy and potential revenue streams. However, this protection has a limit: it terminates if the rights are unused for two years after the first ten years following the individual’s death, ensuring only actively managed legacies remain protected.
5. Universal Application
One of the defining features of the ELVIS Act is its universal scope. It protects not only celebrities but also any individual’s name, photograph, likeness, and voice, extending these safeguards to everyone. This means that personal rights to identity are not limited to high-profile figures but apply to all individuals, ensuring broad protection against unauthorized use.
Implications of the ELVIS Act On AI Platforms and Agencies
The ELVIS Act brings significant implications for AI platforms and agencies that create, distribute, and monetize AI-generated content. It places increased responsibility on these platforms to ensure likenesses, voices, and images are used with proper authorization. Under the law, any AI technology or tool that produces or distributes an individual’s likeness or voice without consent can result in legal consequences for the platform hosting it. AI companies will need to ensure strict compliance with consent protocols. This includes developing systems for obtaining, tracking, and verifying permissions before using personal attributes in digital content creation.
AI platforms, especially those involved in deepfake technologies and synthetic media generation, will likely face a more complex regulatory landscape. They may need to introduce new tools that allow users to request, confirm, and manage consent for using their likenesses and voices. Failure to do so could expose platforms to liability, resulting in financial penalties or reputational damage. This could also prompt platforms to rethink their content policies, particularly regarding public figures or deceased individuals whose likenesses are used posthumously.
On the flip side, the ELVIS Act presents opportunities for AI companies to innovate within a regulated framework. The demand for consent management systems could lead to more transparent and ethical AI platforms. These platforms can offer users greater control over how their likenesses are used, creating new business models focused on responsible AI. By complying with the ELVIS Act, AI platforms can reduce legal risks while promoting a secure, ethical AI ecosystem. However, this will require careful planning, clear policies, and ongoing updates to meet the evolving standards set by the law.
ELVIS Law vs. Other State Laws
While other state laws aim to protect images and likenesses, they often fall short when addressing the rapidly growing issue of AI-generated content. Here’s a comparison of a few key state laws:
- Right of Publicity: The “Right of Publicity” is the law closest to the ELVIS Act. The ELVIS Act is based on Tennessee’s version of the Right of Publicity Law, which gives individuals control over the use of their likeness. However, these laws vary by state and, importantly, do not address AI-generated likenesses, especially in terms of voice and audio content.
- Deepfake Legislation: Several states have passed laws targeting deepfakes in specific contexts like election interference, defamation, and fraud, offering some protection to public figures. However, these laws typically fail to directly address AI-generated likenesses with the level of detail and rigor that the ELVIS Act provides.
- California Civil Code Section 3344: This law provides a right of publicity for living individuals, protecting against the unauthorized commercial use of their name, voice, signature, photograph, or likeness. However, it does not specifically address AI-generated content.
- New York Civil Rights Law §§ 50 and 51: Known as the right of privacy in New York, this law protects against the unauthorized use of a person’s name, portrait, picture, or voice for advertising or trade purposes. However, it does not comprehensively cover AI-generated deepfake technology.
Federal vs. State-Level Protections
AI-generated replicas and deepfakes are national issues. Relying solely on state laws presents several challenges:
- Inconsistent Protections Across States: The ELVIS Act explicitly addresses AI-generated content, while many states have yet to incorporate similar protections. This leaves artists and public figures vulnerable in jurisdictions without such laws.
- Jurisdictional Limitations: If a deepfake of a Tennessee-based artist is created in another state that lacks similar protections, enforcing the ELVIS Act becomes legally complicated. This creates challenges when content crosses state lines.
- Forum Shopping: The inconsistency in state laws can lead to “forum shopping,” where plaintiffs file lawsuits in states with favorable laws, even if there is little connection to that state.
- Burden on Businesses and Creators: Businesses and content creators working across state lines face challenges in complying with varying state laws. This legal complexity could stifle innovation and create uncertainty.
A federal standard would provide consistent protections across all states, ensuring individuals’ rights are safeguarded no matter their location. Unlike state laws, which are limited in scope, federal legislation could address interstate and international issues more effectively. A real-world example of this effort is the proposed NO FAKES Act of 2023, which aims to establish federal protections against unauthorized AI-generated content, bridging gaps left by state-level laws like the ELVIS Act.
Conclusion
The ELVIS Act is a major step forward in protecting artist identities, but it does come with challenges. Critics worry that it could overstep and restrict the creative potential of AI, especially in media and entertainment. As AI technology rapidly evolves, distinguishing between real and AI-generated content becomes more difficult, complicating enforcement. The law’s application to generative AI adds complexity, as these technologies continue to evolve. Additionally, inconsistent protections across states and jurisdictional limitations make enforcement harder when content crosses state lines.
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