Intellectual Property Law
New Matter SUMMER 2024, VOLUME 49, EDITION 2
Content
- 2023 Patent Case Review
- 2024 New Matter Author Submission Guidelines
- Contents
- Copyright Roundup
- Editorial Board
- Inside This Issue
- INTELLECTUAL PROPERTY SECTION Executive Committee 2023-2024
- INTELLECTUAL PROPERTY SECTION Interest Group Representatives 2023-2024
- IP and Art: An International Perspective
- Letter from the Chair
- Letter from the Editor-in-Chief
- MCLE Self-Study Article
- Ninth Circuit Report
- Online Cle For Participatory Credit
- The California Lawyers Association Intellectual Property Alumni
- The Licensing Corner
- TTAB Decisions and Developments
- Updates on New Non-Compete Laws in California
- Weber, Inc. v. Provisur Technologies, Inc.
- What Happened to the Rogers Test After the Jack Daniels Supreme Court Case?
- Quarterly International IP Law Update
Quarterly International IP Law Update
MARIANA NOLI
Noli IP Solutions PC
All Shook Up: The ELVIS Act Shakes Up Publicity Rights
The Right of Publicity protects against the misappropriation of a person’s name, image, and likeness (or other indicia of personal identity, such as nickname, pseudonym, voice, or signature) for commercial benefit. The unregulated use of artificial intelligence (AI) represents a significant issue as Al-generated content becomes more sophisticated and challenging to discern. When Governor Bill Lee thanked the Tennessee legislature for signing the Ensuring Likeness, Voice, and Image Security ("the ELVIS Act")1 on March 21, 2024, the rest of the world was watching.
The ELVIS Act strengthens publicity rights by prohibiting the unauthorized use of an individual’s voice. Specifically, the ELVIS Act amended Tennessee’s Right of Publicity statute to provide broader provisions against using AI to exploit the voice and likeness of others without permission. This Act places Tennessee ahead of the rest of the United States.