ELVIS Act: Tennessee’s Legislation Safeguarding Musicians’ Voice and Likeness from Artificial Intelligence Deepfakes

By Moon Harper

Mar 22, 2024 05:05 AM EDT

Tennessee Governor Bill Lee approved legislation on Thursday to safeguard songwriters, performers, and other music industry professionals from potential risks associated with artificial intelligence.

This action positions Tennessee, renowned as the birthplace of country music and a starting point for musical icons, as the first state in the US to implement such regulations. Advocates assert that the objective is to prevent AI tools from mimicking an artist's voice without explicit permission, which will take effect on July 1.

Protecting Artists' Intellectual Rights from AI Misuses

Following the bill's enactment, Lee informed reporters that Tennessee employs more individuals in the music industry than any other state. Lee emphasized the importance of artists' intellectual property, gifts, and individual uniqueness, asserting that artificial intelligence cannot replicate these qualities.

In addition to Tennessee, two other states consider names, photographs, and likenesses as property rights rather than rights of publicity. The newly enacted ELVIS Act, known as the Ensuring Likeness, Voice, and Image Security Act, will now include vocal likeness in that category.

The legislation also introduces a new civil action whereby individuals can be held accountable if they disseminate or utilize an individual's voice without consent or employ technology to generate an artist's name, photographs, voice, or likeness without appropriate authorization.

Rising Concerns on The Bill's Effectiveness

However, the legislation's effectiveness in protecting artists' work from being scraped and replicated by AI without their consent is still uncertain. Supporters, including Lee, recognize that despite strong backing from within the music industry and unanimous approval from the Tennessee Statehouse, the legislation has yet to be tested. This level of bipartisan agreement amidst ongoing tensions between the GOP supermajority and a small number of Democrats is a notable anomaly.

Musicians Pushing for The ELVIS Act

Numerous Tennessee musicians argue that they cannot afford to wait for a perfect solution, emphasizing that the threats posed by AI are already evident in their cellphones and recording studios.

Country star Luke Bryan expressed concern, stating that material appearing on his phone sometimes appears indistinguishable from his work. He emphasized the urgency of addressing this issue and hoped that the newly enacted legislation would help mitigate and deter such unauthorized replication.

The bill signing event took place at the heart of Nashville's Lower Broadway, inside the bustling Robert's Western World, which is an iconic honky tonk tourists seek for authentic country music experiences while indulging in fried bologna sandwiches. Lee playfully mentioned that he and his wife, Maria, occasionally enjoy covertly visiting Robert's for a date night, while other lawmakers shared anecdotes of dropping by the iconic establishment on weekends.

The Right to Publicity After Death

Naming the newly enacted statute after Elvis Presley was not merely a tribute to one of the state's most iconic residents. Following Presley's death in 1977, a contentious and protracted lengthy legal dispute ensued regarding the unauthorized utilization of his name and likeness, where many contended that upon a celebrity's demise, their name and image became part of the public domain.

In 1984, the Tennessee Legislature enacted the Personal Rights Protection Act, establishing that personality rights extend beyond death and can be inherited by others. The act specifies that these individual rights are considered property rights, allowing them to be freely assigned and licensed, and they persist beyond the individual's death.

The Personal Rights Protection Act, enacted in 1984, was widely regarded as essential for safeguarding Presley's estate. However, over the ensuing decades, it has also been commended for extending protections to all public figures' names, photographs, and likenesses in Tennessee. Now, with the addition of vocal likeness to these safeguards, Tennessee continues to strengthen its measures for protecting the rights of individuals in the public eye.