Roselyn Castillo – Watch out, AI, because Music City has just laid down the law with the ELVIS Act –a game-changing, first-of-its-kind statute aimed at protecting musicians from the perils of voice cloning. Named after the legendary Elvis Presley, this landmark legislation marks Tennessee’s pioneering stance in safeguarding the integrity of musical voices in an age of digital replication. But beyond the Act’s catchy name lies a profound shift in the legal landscape, with implications that resonate far beyond Nashville’s honky-tonks.
In April 2023, an anonymous TikTok user (@ghostwriter77) uploaded an AI-generated composition, titled “Heart on My Sleeve,” cloning the voices of renowned artists Drake and The Weeknd. This song, crafted by generative AI, quickly emerged as one of the nation’s most streamed and downloaded tracks, partly due to many consumers believing it was a new song made by Drake and The Weeknd. However, the artists and their record company had no real avenue to remove the song or seek legal recourse because the song did not actually feature the artists themselves and the composition of the work was completely original. The song was eventually removed due to an alleged copyright violation of the producer tag, not because of the misappropriation of the artists’ voices.
Although copyright concerns protected the artists in this instance, the broader issue of AI-generated content persists. This instance underscored the dangers associated with AI-cloning, revealing the limitations of copyright law in addressing the exploitation of individuals’ identities. Moreover, it highlighted the implications of the evolving phenomenon of voice cloning on an individual’s right of publicity, a state law claim that protects an individual’s likeness.
AI-voice generators have simply outpaced existing regulatory frameworks. For instance, Apple’s forthcoming voice-cloning feature can learn to speak in your voice in a mere fifteen minutes, while Microsoft’s VALL-E can synthesize and replicate a speaker’s unique timbre and tone with as little as three seconds of audio. These AI-voice models present a “legal gray area” because, human and synthetic voices cannot be copyrighted. Opinions within the music industry vary regarding the role of AI in creative processes. Some view AI as a valuable tool for sampling and other artistic endeavors, while others adamantly reject its use. Nonetheless, there is consensus on the necessity for updated regulations to address the challenges posed by evolving technology. Who better to spearhead such legislation than Music City?
The Ensuring Likeness Voice and Image Security Act (ELVIS Act) was first announced by Tennessee Governor Bill Lee in January, intended to replace the outdated Personal Rights Protection Act of 1984, which was passed, in part, to extend Elvis Presley’s publicity rights after his death. While the latter only banned uses of a person’s name, photograph, and likeness for advertising purposes, the ELVIS Act notably expands the scope of protection to explicitly include an individual’s voice, alongside broader prohibitions on the use of one’s name, image, and photograph. Importantly, the legislation eschews contextual limitations, ensuring comprehensive protection against unauthorized exploitation. Governor Lee underscored the necessity of such legislation, highlighting the threat AI voice cloning poses to Tennessee’s artists’ identity and livelihoods, endangering the State’s renowned position in the global music industry.
Sponsored by Representative William Lamberth and Senator Jack Johnson, the ELVIS Act (HB 2091/ SB 2096) garnered unanimous bipartisan approval from both the State’s House and Senate members by March 7, 2024. On March 21, the Act was signed into law, slated to take effect this July 1. Upon implementation, the ELVIS Act will prohibit the use of AI to mimic an artist’s voice without permission, imposing both civil penalties and criminal liability (a Class A misdemeanor). This legislative response underscores the gravity of concerns surrounding voice cloning and reflects Tennessee’s strong commitments to safeguarding the music industry.
Various organizations nationwide, including the Screen Actors Guild-American Federation Television and Radio Artists (SAG-AFTRA), have shown support for the Act. The National Executive Director and Chief Negotiator of SAG-AFTRA stated: “[f]or our members, their voice and likeness is their livelihood . . . . It is outrageous to think someone can undermine that value with a few prompts and clicks on a keyboard.” Famous Country artist, Luke Bryan addressed a crowd in Nashville by publicly commending the precedent the State was setting and personally thanking legislators for protecting artists’ voices and efforts.
The ELVIS Act represents a significant advancement in protecting artists. However, scholars like Lee Kebler have raised concerns about the Act’s brevity, which may lead to ambiguities in its application. Kebler also highlights potential challenges in enforcement, particularly regarding the Act’s presumed reliance on platforms like YouTube, Spotify, and TikTok, to monitor and enforce its provisions. Kebler argues that such monitoring could be costly and impractical, potentially leading to Tennessee being blocked from accessing these vital entertainment platforms. Kebler drew a parallel with Texas, which was recently blocked from Pornhub, allegedly because the provider was unable to practically comply with the state’s requirement of government ID age verification. While this secondary monitoring is not explicitly outlined in the ELVIS Act, it warrants consideration, especially as other states consider similar legislation.
Concerns about inconsistent state legislation have spurred discussions about the need for a uniform federal right of publicity, though such efforts have faced resistance from the copyright community. Nonetheless, the federal government has taken initial steps to address these concerns. The No Artificial Intelligence Fake Replicas And Unauthorized Duplications Act (No AI FRAUD Act) was introduced in January 2024 to protect individuals’ voice and likeness at the federal level and provides First Amendment protections. This legislation complements the Senate’s draft bill, the Nurture Originals, Foster Art, and Keep Entertainment Safe Act (NO FAKES Act), introduced last October, which imposes liability both on those who create unauthorized digital replicas and also on secondary offenders who distribute, publish, or transmit such replicas with knowledge of their unauthorized nature. Secondary liability, at the federal level, would mitigate the concerns raised by Kebler. These developments are all worth closely monitoring as they have significant implications for the entertainment industry in Music City and beyond.
