The Ensuring Likeness Voice and Image Security (ELVIS) Act — created to protect a person’s voice, image and likeness against irresponsible and unethical uses of artificial intelligence (AI) — passed in the Tennessee Senate Commerce and Labor Committee and the House Commerce Committee on Feb. 27 with unanimous bipartisan support.
Everything you need to know:
✓ The ELVIS Act aims to protect artists’ voices, images, and likenesses from AI deepfakes
✓ Tennessee, known as “Music City USA,” is the perfect starting point for this pioneering legislation
✓ The music industry is coming together to support the ELVIS Act, despite diverse opinions on AI
Tennessee takes a stand for artists’ rights
Tennessee has an active music industry community, with its capital city known for being “Music City USA.” Therefore, it comes as no surprise that after the bill was introduced by Tennessee Governor Bill Lee in January, it quickly advanced with broad support.
The committee hearings saw testimonies from prominent figures in the music community, like contemporary Christian artist-songwriters Natalie Grant and Matt Maher, as well as the hit songwriter and co-founder of Evanescence David Hodges.
Maher, in his testimony, said,
“When others use artists’ voices and likeness without consent, it is a personal and fundamental violation that strikes at the heart of who we are and what we do.”
Also present at the hearing was Todd Dupler, the chief advocacy and public policy officer of the Recording Academy, the institution behind the yearly Grammy music awards.
Artists’ rights vs. AI: The Recording Academy weighs in
Cointelegraph had the opportunity to speak with Dupler about the Academy’s work on the ground with the Human Artistry Campaign and in state capitals advocating and defending artists’ rights in light of AI.
Dupler said that of all the AI issues plaguing the creative community, the easiest to grasp is the idea of the AI-generated fakes.
He stated:
“A lot of the AI issues are more complicated — more nuanced or legal ambiguity — but this one seems pretty clear that you shouldn’t be able to take somebody’s image, voice or likeness and use it without their permission.”
Many states in the United States have what is known as a “right of publicity” law, which protects artists from having their image or their name used to sell something or to promote something without their permission.
However, Dupler pointed out that:
“Most of these were written and implemented before the age of AI and don’t cover the digital space or digital replicas. “We did name the bill after Elvis, which really would be the first law of its kind that protects image, likeness and voice for artists and specifically in the context of digital replicas and AI,
Despite the controversy surrounding the topic, it has proved to be an issue uniting the music industry.
Dupler explained:
“What we have found is that when we do find that alignment and common ground, we’re able to get great things done for the music community.”
He also highlighted the bipartisan agreement around the issue, stating:
“It’s always really hard to predict what’s going to happen with Congress or with legislation. I don’t know how long it will take for legislation to work its way through the process, but I think they know this is something they need to address.”
Dupler emphasized the personal violation aspect, saying:
“There is this sense of real personal violation when you see technology able to appropriate your image and voice and do things that you didn’t do.”
The ELVIS Act: a beacon of hope
Dupler concluded by acknowledging the potential of AI while stressing the need for guardrails.
“AI has a lot of promise to democratize the creation of music, to make music available to more people. Maybe create new efficiencies or new creative ideas that we haven’t even thought of yet, of ways people can create music. However, knowing how fast the technology moves we know we have to set up guardrails really quickly before it moves beyond a point where we can put those protections around it.”
While the Recording Academy acknowledges the potential for AI to democratize music creation and bring about new efficiencies and creative ideas, they also recognize the need for swift action to establish guardrails before the technology advances beyond control.
As the ELVIS Act progresses through the Tennessee legislature, it serves as a beacon of hope for artists and citizens alike, ensuring that their voices, images, and likenesses are protected in the digital age. The music industry’s united front in this battle against AI deepfakes is a testament to the power of collaboration and the importance of safeguarding artistic integrity in the face of rapidly evolving technology.
