Tennessee Legislature Declares that the Human Voice Will Remain ‘The King’ in Nashville

Last month, Tennessee broke legal ground by passing the Ensuring Likeness Voice and Image Security, or “ELVIS,” Act.¹ This law amends the state’s existing publicity laws to include protections for an individual’s voice in general as well as specifically against artificial intelligence (AI) impersonation.² The statute defines a voice as “a sound in a medium that is readily identifiable and attributable to a particular individual, regardless of whether the sound contains the actual voice or a simulation of the voice of the individual.”³ This standard shows a statutory expansion of legal protections for voices that blossomed with major cases in the Ninth Circuit involving Bette Midler and Tom Waits.⁴

Both the Midler and Waits cases involved “sound-alike” singers which the courts ruled infringed upon the publicity rights of the singers because consumers were likely to identify as the source of the voice.⁵ The protections against AI flow logically from the decisions in these cases––if courts recognize that another actual individual using their voice to imitate another infringes upon publicity rights, then a digital voice designed specifically to replicate an individual should fall within the same protections. The act also prohibits the distribution of any “algorithm, software, tool, or other technology, service, or device” with the primary purpose of producing “a particular, identifiable individual’s photograph, voice, or likeness.”⁶ Therefore, AI developers need to be cautious with how their products can be used so far as to avoid becoming entangled in lawsuits over individuals using their technology to imitate voices.

The ELVIS Act bears resemblance to federal bills proposed in both the US Senate and House of Representatives, signaling a broader national discourse on AI regulation.⁷ However, no further movement has been made yet in Congress, leaving states like Tennessee at the forefront of legislative innovation. Tennessee’s ELVIS Act represents a pivotal moment in the intersection of technology and law. By acknowledging the importance of protecting individuals’ voices in an era where AI can replicate them with alarming accuracy, the state sets a precedent for others to follow.

As technology continues to advance, it is imperative for lawmakers to remain proactive in safeguarding individual rights and promoting responsible innovation. In doing so, Tennessee’s ELVIS Act serves as a beacon of progress in the ongoing quest for a balanced and equitable digital future. The law signals a big win for artists in the country music capital, especially as AI continues to be a challenge in controlling their public images. Actors in the film and television industries also saw recent wins against AI encroachments last year.⁸ Together, these developments illustrate a general interest amongst artists and professionals in the industry to enshrine the primacy of human artistry.

The concern for AI voice clones goes beyond copyright concerns into other realms of the law as well. Recently, malicious agents have utilized AI voice technology to make scam calls imitating their targets friends or loved ones.⁹ In some instances, the calls imitate prominent public figures, like the President.¹⁰ On February 8, 2024, the Federal Communications Commission ruled that calls made with AI voices are illegal under the Telephone Consumer Protection Act.¹¹ Of course, as anyone who’s registered their number on the do-not-call list can attest, consumers may not see a practical effect from this ruling, but it signals the growing need for protections and limits on this powerful technology.¹²

In conclusion, the ELVIS Act is a significant step forward in the legal landscape, addressing the challenges posed by the rapid advancement of AI technology. It serves as a reminder of the importance of legal adaptability in the face of technological innovation, and the need for laws to evolve alongside the technology they regulate. As the tools we use to create art evolve, it is crucial that we remain vigilant in protecting individual rights and fostering responsible innovation. The ELVIS Act is a testament to this commitment, and a model for future legislation in this arena.

Ryan Bickett is a Second Year Law Student at the Benjamin N. Cardozo School of Law and a Staff Editor on the Cardozo Arts & Entertainment Law Journal. Ryan has an interest in Film & TV and Copyright Law.