Tennessee's ELVIS Act: A Fresh AI Likeness Regulation Law

In the land of music legends, Tennessee takes a stand with the ELVIS Act – the first U.S. law safeguarding artists against AI-powered identity theft. Inspired by the city's rich tunes and influential figures, this law provides artists, celebs, and public figures with stronger legal tools to control their digital identities.

Artificial intelligence is making waves in the music world, faithfully replicating voices and likenesses – sometimes without permission. As AI becomes more advanced, the need to protect artisans' identities and creative rights grows increasingly important. The ELVIS Act, coined after Elvis Presley, aims to halt deepfakes and shield our favorite artists from digital fraud.

Voice and likeness are more than personal attributes for public figures; they're the essence of their brand, income, and legacy. Reputational harm, misinformation, and financial loss are just a few consequences of identity theft in the digital realm. With AI, duplicating someone's likeness is child's play, raising concerns about fraud, exploitation, and unethical use.

Protecting personal digital likeness ensures artists can choose how they're represented – by whom and for what purpose. It isn't only about those currently in the spotlight; it's also about preserving the legacies and income of late artists whose identities continue to carry cultural and commercial weight.

Discover the reasons why laws like the ELVIS Act are crucial in our enlightening article, "Protecting Public Figures in the Age of AI."

Enter the ELVIS Act, a Tennessee law enacted specifically to safeguard artists from AI misuse. This groundbreaking legislation went into effect on July 21, 2024. Catching up to modern challenges posed by synthetic media and AI-generated impersonations, it expands Tennessee's existing Personal Rights Protection Act.

So, what prompted the ELVIS Act?

AI-Generated Content Explosion: AI tools now replicate artists' voices, leaving them with little control over use – and it's ridiculously easy. AI could harm their reputations by portraying them in a bad light or contradicting their values.
Legal Loopholes: Existing laws fall short when dealing with AI-based impersonations, often designed to address traditional forms of impersonation. The ELVIS Act closes the gap, leaving other states catching up.
Preventing Misinformation and Reputation Damage: AI-driven deepfakes are getting more convincing and accessible. False videos showing public figures doing or saying things they never did can create confusion, harm reputation, and mislead the public.
Protecting Legacy and Revenue: Deceased celebrities, whose names and images still hold value, are equally at risk. Unauthorized AI recreations could lead to significant losses in potential revenue, diluting artistic integrity and legacy.

Key features of the ELVIS Act

Expanded Protection of Personal Attributes: The ELVIS Act extends protection to include "voice." Both real and AI-generated voice mimics are safeguarded, making it illegal to exploit them without consent.
Penalties for Unauthorized Use: Victims or their estates can pursue lawsuits for damages. These can include economic losses resulting from misuse, or punitive damages in cases of malicious intent.
Narrowed Defenses in Commercial Contexts: Claiming ignorance of consent is no longer an excuse for misuse. Platforms hosting unauthorized deepfakes cannot avoid responsibility simply by stating they didn't create the content.
Posthumous Protection: The ELVIS Act ensures personal rights continue after death, empowering heirs, executors, or administrators to manage and enforce these rights in the digital age. The law expires if unused for two years after ten years post mortem, protecting only actively managed legacies.
Universal Application: The ELVIS Act protects every individual, not only public figures. This means protection extends to all, regardless of fame.

The ELVIS Act affects AI platforms and agencies smartly, increasing their responsibility in ensuring proper consent for using people's identities in digital content creation. Deepfake companies are likeliest to face regulatory challenges, requiring them to introduce consent management tools to minimize legal risks and promote responsible AI.

Several state laws have limitations in addressing AI-based identity theft, while the ELVIS Act offers comprehensive protection. Critics argue that it might stifle creative potential, or hinder positive applications of AI in entertainment. However, the ELVIS Act is a significant stride towards preserving artists' rights in the digital age, pushing for more responsible AI use and nurturing an ethical AI ecosystem.

Join the conversation about the ELVIS Act and AI's role in shaping the creative industries. Reach out for more information on how we can help you protect your digital identity!

[1] https://www.tennessean.com/story/money/2024/06/28/elvis-act-tennessee-law-protect-artists-deeepfakes-ai-utilize-voice-likeness-image/11635032002/

[5] https://www.nytimes.com/2024/06/29/business/elvis-act-ai-deepfake-law-explainer.html

The AI-generated content explosion, with AI tools accurately replicating voices of artists without their consent, highlighted the need for stricter laws to protect their identities and creative rights.
The ELVIS Act, a Tennessee law, was enacted to address this concern, expanding the Personal Rights Protection Act to cover voice and likeness, and closing legal loopholes surrounding AI-based impersonations.