My Attorney Is A Robot

In a landmark move for the protection of artists against the misuse of artificial intelligence (AI), Tennessee has enacted the Ensuring Likeness, Voice, and Image Security Act, widely known as the ELVIS Act. This legislation, signed into law by Governor Bill Lee in a Nashville honky-tonk, marks a significant advancement in safeguarding artists’ rights in the digital age. The ELVIS Act, which draws inspiration from the iconic Tennessee singer Elvis Presley, addresses the growing concerns over AI-generated deepfakes by expanding upon the state’s previous right of publicity law to include explicit protections for an artist’s voice and AI-specific concerns for the first time.

The development of the ELVIS Act was motivated by the desire to preserve the integrity of Tennessee’s globally recognized music industry. It aims to prohibit the unauthorized use of an artist’s voice or likeness in creating and marketing musical content, addressing a gap that existing laws against cloning and manipulative use of celebrities’ voices for advertising purposes did not cover. The Act stands out by specifically targeting the sale of counterfeit musical works, offering a solution to the increasingly prevalent issue of deepfake technology misuse.

The unanimous approval of the ELVIS Act by the state’s General Assembly reflects a broader national effort to tackle the challenges posed by AI’s rapid proliferation. With 407 AI-related bills under consideration across 40 states, the legislation in Tennessee exemplifies a concerted move toward establishing more rigorous regulatory frameworks. This legislative push is part of a nationwide commitment to regulate AI’s impact on society, highlighting the urgency of addressing deepfakes, falsified political videos, and other AI abuses.

The ELVIS Act not only enjoys the support of Tennessee’s artistic community, with endorsements from stars like Luke Bryan and Chris Janson, but also from the recorded music industry and the Human Artistry Campaign. This global initiative advocates for a responsible approach to AI, underlining the Act’s significance in setting a precedent for protecting artists’ rights in an increasingly digital world.

However, the legislation has not been without controversy. Critics have raised concerns that its language could inadvertently criminalize non-AI activities, potentially infringing upon First Amendment rights. The fears that the law might restrict creative expressions, such as the production of movies, TV shows based on real-life figures, or the operation of tribute bands, highlight the delicate balance between protecting individual rights and preserving the freedom of expression.

Despite these concerns, the federal government is also advancing efforts to address publicity rights issues at the national level, with the introduction of the No Artificial Intelligence Fake Replicas And Unauthorized Duplications Act (No AI FRAUD Act) and the NO FAKES Act. These proposed legislations aim to complement state efforts like the ELVIS Act by establishing a framework for protecting individuals’ voices and likenesses at a national level, specifying First Amendment protections.

The ELVIS Act’s enactment is a crucial step forward in navigating the complex challenges of the digital age. It underscores the importance of safeguarding artists’ rights in the face of technological advancements that have the potential to misuse their likeness and voice. As the music business, Hollywood, and technology sectors continue to grapple with these issues, the legislation in Tennessee represents a significant, albeit controversial, effort to balance the protection of individual rights with the freedom of expression. This pioneering move by Tennessee sets an important precedent for other states and the federal government as they seek to address the evolving landscape of AI and its impact on society.