Decades in Business, Technology and Digital Law

Tennessee Paves the Way to Protect Artists from AI

by | Apr 1, 2024 | Firm News

The music industry has been particularly concerned about negative consequences that can result from unauthorized artificial intelligence impersonation.

To address this issue, on March 21, 2024, The Ensuring Likeness Voice and Image Security Act (ELVIS Act) was signed into law in Tennessee. This law contains several key provisions aimed at protecting individuals’ privacy and security in the digital age, and in particular protecting the use of a musician’s voice when manipulated with artificial intelligence. This is considered the first law designed to specifically protect “songwriters, performers, and music industry professionals’ voice from the misuse of artificial intelligence.”

Key Provisions:

Consent Requirement: The ELVIS Act mandates that individuals must provide explicit consent before their voice or image likeness can be replicated or used for commercial purposes. This provision aims to ensure that individuals have control over the use of their personal data.

Unauthorized Use Penalties: The act outlines penalties for unauthorized use or manipulation of individuals’ voice or image likenesses. This includes fines and potential legal action against those who misuse or exploit such likenesses without proper authorization.

Rights Protection: The ELVIS Act includes provisions to protect individuals’ rights to control the use and dissemination of their voice and image likenesses. This empowers individuals with legal recourse against unauthorized exploitation, enhancing their ability to safeguard their privacy.

Regulation of Emerging Technologies: The act addresses emerging technologies such as deepfake technology, which can create highly realistic but fabricated content using individuals’ voices and images. It imposes restrictions and accountability measures on the use of such technologies to prevent malicious exploitation.

Transparency and Accountability: The ELVIS Act promotes transparency and accountability in the creation, distribution, and commercial use of individuals’ voice and image likenesses. This includes requirements for clear disclosure and documentation of consent processes, as well as mechanisms for oversight and enforcement to ensure compliance with the law.

Overall, the ELVIS Act aims to establish comprehensive regulations to mitigate the risks associated with the misuse and exploitation of individuals’ voice and image likenesses, thereby safeguarding their privacy and security in an increasingly digital world.