Tennessee has made history by becoming the inaugural U.S. state to fortify musicians against the perils of artificial, computer-generated imitations that eerily replicate the unique vocal nuances of artists. The legislative milestone, formally christened the Ensuring Likeness Voice and Image Security Act (ELVIS Act), received unanimous endorsement from the Tennessee legislature and received the gubernatorial seal of approval from Governor Bill Lee on March 21, 2024. Scheduled for implementation on July 1, 2024, the ELVIS Act represents a pioneering effort in shielding musical authenticity from the encroachments of technological mimicry.
This groundbreaking legislative initiative arises in response to the proliferation of viral tracks spawned by artificial intelligence, which proficiently emulate, if not entirely replicate, an artist’s distinctive vocal characteristics and sonic signatures. The fidelity of these imitations spans from the merely convincing to the virtually indistinguishable, confounding both audiences and artists alike. Endorsement for the legislation was fervently expressed by country music luminary Luke Bryan, who graced the bill’s signing ceremony with his presence. Bryan shared anecdotes of instances where he struggled to discern his own voice from that of an AI-generated facsimile. Given its rich musical heritage, exemplified by institutions such as the Grand Ole Opry and Beale Street, as well as its roster of globally renowned musicians, Tennessee emerges as a fitting vanguard for such pioneering legislation. Governor Lee’s administration underscored the pivotal economic role played by the music industry, highlighting its provision of over 61,617 jobs statewide, contribution of $5.8 billion to the GDP, and sustenance of more than 4,500 music venues, as per a press release.
Rather than introducing an entirely novel legal framework, the ELVIS Act augments existing statutes, notably amending the Personal Rights Protection Act of 1984 to encompass “voice” as a protected property right for every individual. This amendment supplements the existing safeguards for an individual’s name, photograph, or likeness. Codified under T.C.A. § 47-25-1101 et. seq., the ELVIS Act empowers individuals with a private cause of action against third parties who knowingly exploit their name, photograph, voice, or likeness without consent. Furthermore, the legislation subjects such unauthorized usage to prosecution as a Class A misdemeanor.
Expanding the purview of legal recourse, the ELVIS Act takes aim at both content creators and platforms facilitating the dissemination of infringing material. Moreover, it extends liability to individuals or entities involved in the distribution, transmission, or provision of software specifically designed to produce such infringing content. DC IP Lawyers advise that entities holding exclusive licenses for the distribution of sound recordings capturing an individual’s audio performances are also entitled to invoke the private cause of action.
DC IP Lawyers further advise that nuances of the statute are intricate: liability is contingent upon a party’s “knowing” or deliberate use of an individual’s identifiable attributes without authorization, as well as the software’s “primary purpose” being the reproduction of said attributes without consent. Instances where infringers are genuinely oblivious or reckless regarding the infringement, or where the reproduced content lacks readily identifiable attributes, may not warrant legal action. Similarly, if the software’s capacity to generate infringing content is incidental to its primary function, legal recourse may be limited.
While the efficacy of the ELVIS Act in affording substantive protection remains to be gauged, its significance lies in its symbolic assertion of governmental intervention to mitigate the potential perils posed by the ascendancy of generative AI software. The legislation confronts the unsettling reality that discerning between genuine and synthetic creations has become increasingly challenging for human perception.