Intellectual Property Law

New Matter SUMMER 2024, VOLUME 49, EDITION 2

Quarterly International IP Law Update

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.

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