Tennessee's ELVIS Act: Regulations for Artificial Intelligence Likenesses - A Fresh Law
As AI technology continues to evolve, concerns about fraud, exploitation, and ethical use have risen. The Tennessee ELVIS Act, enacted on July 21, 2024, aims to address these concerns by imposing significant restrictions on AI platforms and agencies that create or distribute AI-generated content.
The ELVIS Act, short for Ensuring Likeness, Voice, and Image Security Act, provides universal protection for artists and public figures from unauthorized use of their voice, likeness, and image by AI. This act expands upon Tennessee's Personal Rights Protection Act of 1984 by adding "voice" to the list of protected personal attributes.
One of the key implications of the ELVIS Act is the requirement for mandatory consent. AI platforms and agencies must obtain explicit permission before using an individual's voice, image, or likeness in AI-generated content, particularly for musicians and performers protected under the Act.
Unauthorized use of an individual's protected attributes can result in criminal charges under Tennessee law, imposing legal risks and penalties on AI developers, distributors, and content creators who infringe these rights.
The ELVIS Act also includes disclosure and transparency requirements, ensuring consumer awareness of AI-generated content. Though the Act focuses mainly on unauthorized voice and likeness use, it fits into a broader Tennessee framework, including laws requiring AI-generated content disclosure with penalties for non-compliance.
The Act incentivizes AI platforms and agencies to treat AI as a collaborator rather than a substitute for human artistry, preserving the value of authentic human creativity while leveraging AI technology responsibly.
The Tennessee ELVIS Act could lead to more transparent and ethical AI platforms, offering users greater control over how their likenesses are used. The Act's universal scope and strong legal protections could also serve as a catalyst for broader legislation to regulate AI-generated content nationwide, prompting platforms to anticipate similar rules elsewhere.
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. By doing so, the Act ensures that both living and deceased public figures are protected from unauthorized AI recreations, helping preserve their brand, artistic integrity, and rightful earnings in the digital age.
The rise of AI-generated deepfakes poses a serious threat to public trust and can cause reputational damage. The ELVIS Act significantly strengthens penalties for the unauthorized use of an individual's protected attributes, such as their voice, name, photograph, or likeness, providing stronger legal protections for musicians, performers, songwriters, and other public figures whose identities are increasingly vulnerable to digital misuse.
In summary, the Tennessee ELVIS Act significantly limits AI platforms’ and agencies’ ability to freely create and distribute AI-generated content that replicates someone’s voice or likeness without authorization, making them liable for criminal penalties and encouraging transparency and respect for artists' rights in AI-generated works.
- As the Tennessee ELVIS Act sets new standards for AI technology, it is evident that technology companies will need to ensure transparent use of AI in entertainment, such as music and performance, to avoid criminal charges and respect artist's rights.
- The universal protection provided by the ELVIS Act extends to various sectors, including general news and crime-and-justice, ensuring that AI-generated content is truthful and ethical to maintain public trust.
- With the increased scrutiny on AI technology due to the ELVIS Act, there's a growing emphasis on the responsible use of AI, not only in entertainment but also in politics, where misinformation could impact democratic processes significantly.
