USA’s ELVIS Act: Deepfake Laws, Key Provisions & Penalties

1. Overview

On March 21, 2024, Tennessee Governor Bill Lee signed into law the first state legislation in the United States expressly protecting the likeness and voice of citizens against unauthorized use by artificial intelligence (AI) technologies, the Ensuring Likeness Voice and Image Security (ELVIS) Act. The law applies as of July 1, 2024, and amends the Tennessee 1984 Personal Rights Protection Act to cover any AI-created likeness or voice reproduction.

2. Scope of the Law

The ELVIS Act expands the scope of already-existing rights of publicity to include a person’s likeness and voice, including both real and simulated versions. It forbids the unapproved commercial use of these qualities, including in media, ads, and AI-generated content. The law provides posthumous protection and is applicable to both living people and their estates. Additionally, it targets AI developers and platforms that make it easier to create illegal copies. 

3. Key Provisions

• Voice and Likeness Protection: Research: Incorporates voice and likeness into the right of publicity, whether in real or artificial representations.
• Unauthorized Use: It is illegal to utilize a voice/likeness of an individual to earn money without that person’s express permission.
• AI Tool Liability: When the developers and distributors of AI tools know that they are creating their products that can be used to reproduce unauthorized recreations, they are subject to legal liability.
• Posthumous Rights: Preserves the rights of the voices and likenesses of deceased persons, and for up to 12 years after their death, they remain under protection.

4. Fines & Enforcement

• Civil Actions: There are remedies at law that someone or an organization can pursue when there has been unauthorized use, which can invoke the cloak of an injunction and also seek damages.
• Criminal Liability: The violations may lead to a class A misdemeanor whereby the offender can be served a term of up to 11 months and 29 days in jail and a fine of up to 2,500 dollars.
• Enforcement: Enforced through the legal system in Tennessee, and state attorneys general may assist with the enforcement in cases of harm on a massive scale.

5. Notable Cases

Although the ELVIS Act has only recently been passed, it follows the example of other created songs, like the now-banned AI-generated song Heart on My Sleeve, which was produced without the consent of its star voice imitations of Drake and The Weeknd. This case calls for the need to have legal frameworks that could deal with AI-created content.

6. Comparison to Global Standards

The ELVIS Act is in line with the international attempts to regulate the content created by artificial intelligence. That is, in one instance, the European Union has stricter limitations on high-risk applications in its AI Act since it categorizes AI systems based on their risk profiles. Similarly, the creation and production of deepfakes for malicious purposes are unlawful according to the UK Online Safety Act 2023. As such, voice and likeness protections as they apply to AI are featured in the ELVIS Act, which renders it of note.

7. Implications

For Artists and Public Figures: Gives them legal grounds to demand against unauthorised representations produced by AI.

• For AI Developers and Platforms, It would demand compliance with consent procedures and possible exposure to liability for the abuse of their technologies.
• For Legal Professionals: Provides a fresh legal field of litigation over AI-generated content and right of publicity disputes. 

8. Future Outlook

The ELVIS Act provides a norm for legislation of this sort in other states. Its impact will be dictated by how it is interpreted and enforced at a judicial level. Additional legislative measures may be needed in response to the advancement of AI technology to deal with new challenges in the areas of voice simulation and digital likeness simulation.