ELVIS Act

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Passed4 March 2024
Passed7 March 2024
Ensuring Likeness Image and Voice Security (ELVIS) Act
Tennessee Governor Bill Lee and Gebre Waddell at signing ceremony
Tennessee General Assembly
  • Act of 21 March 2023, Amends TCA Title 39, Chapter 14, Part 1 and Title 47.
Passed byTennessee House of Representatives
Passed4 March 2024
Passed byTennessee Senate
Passed7 March 2024
Effective01 July 2024
Initiating chamber: Tennessee House of Representatives
Bill citation
Status: In force

The ELVIS Act or Ensuring Likeness Voice and Image Security Act, signed into law by Tennessee Governor Bill Lee on March 21, 2024, marked a significant milestone in the area of regulation of artificial intelligence and public sector policies for artists in the era of artificial intelligence (AI)[1] and AI alignment. It was noted as the first enacted legislation in the United States of America specifically designed to protect musicians from the unauthorized use of their voices through artificial intelligence technologies and against audio deepfakes and voice cloning.[1][2][3][4] This legislation distinguishes itself by adding penalties for copying a performer's voice.[1][3]

The inception of the ELVIS Act has been attributed to Gebre Waddell, founder of Sound Credit, who initially conceptualized a framework in 2023 that later evolved into the legislation.[5][6] Representative Justin J. Pearson acknowledged Waddell's pivotal role during the March 4 House Floor Session on the bill.[7] Leading Tennessee musicians supported the ELVIS Act.[1] Tennessee Governor Bill Lee endorsed it as a Governor's Bill, and it was introduced in the Tennessee Legislature as House Bill 2091 by William Lamberth (R-44) and Senate Bill 2096 by Jack Johnson (R-27).[8][2]

The ELVIS Act is an amendment to a 1984 law that was the result of the Elvis Presley estate litigation for controlling how his likeness could be used after death.[3]

Lobbying from the recording industry

The legislative journey of the ELVIS Act included a broad coalition of music industry stakeholders, including:

  • Recording Academy/GRAMMYs
  • Recording Industry Association of America (RIAA)
  • American Association of Independent Music (A2IM)
  • Artist Rights Alliance
  • Black Music Action Coalition
  • Music Artists Coalition
  • Nashville Songwriters Association International (NSAI)
  • Nashville Music Publishers’ Association (NMPA)
  • SAG-AFTRA
  • Songwriters of North America (SONA)[9]

These organizations, led by the Recording Academy and the RIAA, played roles in drafting the legislation, advocating for passage, and rallying support among the industry and legislators.[9]

The act gained momentum through discussions that bridged industry concerns with legislative action. This collaborative process led to a proposal that specifically targets the use of AI to create unauthorized reproductions of artists' voices and images.[9]

Opposition

The ELVIS Act saw industry opposition from the Motion Picture Association, including testimony in the House Banking & Consumer Affairs Subcommittee, including remarks that the law risks "interference with our members’ ability to portray real people and events."[10][11] TechNet, representing companies such as OpenAI, Google and Amazon, expressed their opposition in the hearing to the bill as drafted, asserting that the language was too broadly written and could have unintended consequences.[10] Other concerns included its potential application to cover bands, but lawmakers assured people that this was not the intention.[7][1][10]

The bill passed the Tennessee House and Senate with a unanimous, bi-partisan vote including 93 ayes and 0 Noes in the House, and 30 ayes and 0 noes in the Senate.[7]

Passage

References

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