From Graceland to Capitol Hill: The ELVIS Act’s First Year Becomes a National Headliner

6.25.25

After a year on the books, the ELVIS Act is guiding new legislation in other states and in Congress–proving Tennessee remains center stage in safeguarding voices against unauthorized AI use.

In March 2024, Tennessee enacted the Ensuring Likeness, Voice, and Image Security (ELVIS) Act, becoming the first state to comprehensively regulate the unauthorized commercial use of voices through artificial intelligence. Prompted by rising concerns over generative AI, the ELVIS Act expanded Tennessee’s 1984 Personal Rights Protection Act, addressing gaps in voice protection and placing the state at the forefront of a crucial emerging legal field.

Historically, Tennessee has protected artists’ economic and personal rights, initially passing laws in response to disputes over Elvis Presley’s name and image after his death. However, by 2023, it became clear that existing laws did not adequately address the risks posed by advanced AI technologies. High-profile incidents involving AI-generated songs impersonating artists like Drake and The Weeknd underscored the need for updated legal protections.

The ELVIS Act notably broadens the legal definition of voice, covering both real and digitally simulated sounds readily identifiable as a specific individual. This innovation ensures individuals, particularly artists, retain control over their unique vocal identities, now recognized legally as personal property. The Act introduces robust enforcement mechanisms, offering civil remedies such as injunctive relief, actual damages, and treble damages for willful violations, as well as criminal penalties for unauthorized commercial use, reinforcing Tennessee’s commitment to protecting its artists.

Significantly, the Act imposes secondary liability on technology providers, holding accountable developers or distributors who knowingly provide AI tools primarily designed for unauthorized voice replication. This measure targets deliberate misuse without stifling broader technological innovation.

Another critical feature of the ELVIS Act is the expansion of enforcement rights to third-party stakeholders. Record labels and other entities with exclusive agreements now have standing to proactively enforce artists’ publicity rights. This enhancement reflects the collaborative nature of the modern music industry and provides practical tools to protect artists’ interests more effectively.

Moreover, the Act strengthens post-mortem publicity rights, extending them beyond an individual’s lifetime. These rights last for ten years after death and can be renewed indefinitely if commercially exploited at least once every two years, ensuring that estates actively managing deceased celebrities’ personas, like that of Elvis Presley, maintain ongoing control.

To balance these expansive protections, the Act explicitly preserves First Amendment rights. It exempts uses related to news reporting, public affairs, satire, parody, criticism, and scholarly works, provided such uses are not misleading or deceptive. This careful delineation aims to protect legitimate expressive activities from unnecessary legal restrictions.

During its first year, the ELVIS Act received widespread praise from industry stakeholders, including major organizations such as the Recording Industry Association of America (RIAA), BMI, ASCAP, and SAG-AFTRA, which recognized its timely and significant impact. Despite extensive interest and discussion, no judicial opinions have yet emerged. Legal experts anticipate that forthcoming court rulings will provide crucial clarification regarding key definitions, such as what constitutes a “readily identifiable voice,” and further explore the boundaries between protected expressive uses and unauthorized commercial exploitation. Nationally, Tennessee’s ELVIS Act serves as a model for other states exploring similar regulations and influences broader discussions at the federal level, including proposed legislation like the NO FAKES Act. Ultimately, the ELVIS Act represents a critical milestone in the evolution of publicity rights law, affirming the importance of protecting individual identity amid rapid technological advancement.

S. Chase Talbot | Associate Attorney