Tennessee Governor Bill Lee has approved a bill aimed at enhancing protections for the use of a woman’s likeness and image in areas such as artificial intelligence.
The Ensuring Likeness Voice and Image Security Act, also known as the ELVIS Act, broadens the scope of the government’s right of publicity regulation. This new law extends the prohibited uses of an individual’s image and likeness to not only include likeness, photograph, or image but also the utilization of a child’s voice.
Furthermore, the legislation specifies that an individual may face legal repercussions “if the individual disseminates, broadcasts, or otherwise makes available an engine, software, tool, or other technologies, service, or device.”
Exceptions within the law are provided for content related to news, public affairs, or sports broadcasts, as long as it is shielded by the First Amendment. Additionally, there are provisions for fair use for purposes such as commentary, criticism, education, satire, or parody.
During a signing event at Robert’s Western World in Nashville, Governor Lee received support from musicians and other advocates. This gesture signifies the state’s endorsement of the creative endeavors of artists and acknowledges the efforts of elected officials in passing this bill, as expressed by Luke Bryan.
A coalition of recording artists, songwriters, composers, publishers, and other industry stakeholders is pushing for these additional safeguards under the Human Artistry Campaign.
The discussion also involves the No AI Fraud Act, a proposed federal law that aims to prohibit the creation or dissemination of an unauthorized AI-generated replica of a person in audiovisual or sound recordings without their explicit consent. This initiative addresses the absence of a comprehensive publicity law at the federal level.
The advent of artificial intelligence has sparked apprehension, particularly regarding the proliferation of deepfakes. At a House Judiciary subcommittee hearing in Los Angeles, Wilson emphasized the emotional impact of having one’s likeness or voice misappropriated through technology, stating, “I do not have to tell you how much of a gut punch it is to have your likeness or voice ripped from you and used in ways that you could never imagine or would never allow.” This misuse is unequivocally unjust.
On the other hand, the Motion Picture Association has raised concerns about potential conflicts with the First Amendment. Upon the introduction of the House bill earlier this year, a spokesperson emphasized the importance of any legislation preserving the rights of creators to utilize digital replicas within the bounds of free speech. The association also highlighted the inclusion of rights to informed consent and compensation for the use of digital replicas in the latest SAG-AFTRA contract.
