What Is Tennessee’s ELVIS Act, and How Does It Protect Against AI Misuse and Deepfake Content?

Advances in AI have made voice cloning and deepfake video creation easier than ever, often without consent. Artists and musicians in Tennessee risk losing control of their identity and work. The ELVIS Act of Tennessee is significant as the first state law protecting against unauthorized generated content. The law benefits artists and the general population by protecting against exploitation and fraud.

In March 2024, Tennessee became the first state to enact legislation that explicitly addresses the misuse of generated voices and images of any individual. The legislation, formally called the ELVIS Act, became effective in July 2024. It provided broad protection for individuals whose identity is misused by generative technologies. The state of Tennessee caused a wider U.S. discussion regarding the regulation of such technology within creative and commercial sectors.

This act is named after Elvis Presley, who is among the most identifiable cultural icons of the state of Tennessee. This represents the position that the state can take to defend artists against digital exploitation.

Why Was the Tennessee ELVIS Act Introduced?

The ELVIS Act was created due to the increasing rate of generative AI software development since it could reproduce human voices, and they sounded convincing.

One of the things that began to gain popularity on the Internet was counterfeit songs in the style of famous singers, and AI-assisted voices could be heard as Drake, Johnny Cash, and so on. These recordings raised the issue of loss of finances, reputations, exploitation of creativity.

The AI was also used in identity fraud, where people used cloned voices to commit scams and impersonate someone. In Tennessee, legislators and executives of the industry felt the need to intervene when musicians and performers voiced fears of losing control of their art in the digital age.

How Does the Elvis Act Tennessee Protect Musicians and Artists?

The law expressly prohibits any unauthorized use of the voice or  image of a person without permission. This applies whether the content is commercial or shared online

Victims can also receive legal relief, such as suing the creators or distributors of unauthorized deepfakes. Punishments are set to reduce the creation of fake songs, manipulated videos, or misleading performances.

Notably, the act deters fake collaborations and fabricated tracks. Meanwhile, it strikes a balance between protecting rights and allowing parody, commentary, and fair use.

What Are the Main Provisions of Tennessee’s ELVIS Act?

The ELVIS Act also comes with key provisions addressing AI misuse in Tennessee. It is the first state to treat voice as a legally safeguarded facet of personal identity, equal in status with image and likeness. The legislation holds individuals and businesses that manufacture and market unauthorized AI-generated material liable, and also holds anyone in the creative and technology industries responsible.

At the same time, it also provides safe harbor exceptions on parody, satire, commentary, news reporting, and other forms of free speech, so that the law does not limit lawful creativity. The victims can demand injunctions, damages, and the expulsion of infringement online material.

What Makes the Tennessee AI Act Different From Federal Laws?

The federal intellectual property law is concerned with copyright and trademark, but it does not adequately address voice cloning or digital likeness theft. The ELVIS Act closes this gap by providing right-of-publicity protection.

In contrast to Congress, which continues to deliberate on the extensive regulation of AI, Tennessee acted to protect its creative community. This proactive stance illustrates the ability of the states to shape the policy before the enactment of legislation in a country. The act is currently seen as an example that other states, and even federal lawmakers, can use to increase protections.

How Does the Tennessee Elvis Act Impact AI Companies and Platforms?

The law places more responsibility on developers and distributors of AI. Organizations developing or launching generative AI are required to prevent misuse of their tools for unauthorized cloning.

It also calls for transparency in AI training and labeling of generated content. User-generated content can impose compliance costs for platforms, including prompt removal of infringing content. Consequently, the act is shaping the way tech companies consider future AI governance policies.

What Is the Public Response to the Elvis Act in Tennessee?

The law has received widespread support from musicians and industry groups, along with the rights advocates. Many consider it a necessary step in safeguarding creativity in a world where digital impersonation is almost effortless.

Nonetheless, critics argue that the act threatens to over-regulate and restrict innovation by holding too much responsibility on AI platforms.

The larger controversy is between freedom of speech and identity protection. However, culturally, the act is seen as a milestone that reflects Tennessee’s history while shaping future law.

What Is the Future of AI Regulation Beyond Tennessee’s Elvis Act?

Other states in the U.S. are keenly observing the developments in Tennessee, and a number of states are contemplating going the same way. The federal lawmakers can also pursue laws to control the content created by AI.

On a global level, it is compared to the EU AI Act and UK initiatives, which also target deepfakes and AI misuse.

The potential dilemma to address in the long term is how to strike a balance between innovation and ethics so that AI boosts creativity without providing threats to human rights. The ELVIS act of Tennessee is one such balance that can be achieved.