AI Legislative Guide |
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USA, Tennessee |
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(United States)
Firm
Bass, Berry & Sims PLC
Contributors
Emily Burrows |
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| Has specific legislation, final regulations or other formal regulatory guidance addressing the use of AI in your jurisdiction been implemented (vs reliance on existing legislation around IP, cyber, data privacy, etc.)? | Yes. |
| Please provide a short summary of the legislation/regulations/guidance and explain how legislators aim to strike the balance between innovation and regulation. | Yes, the Ensuring Likeness, Voice, and Image Security Act of 2024 ("ELVIS Act") was signed into law in March 2024 and will go into effect on July 1, 2024. The legislation was created to expand Tennessee's Personal Rights Protection Act of 1984 to add "voice" to the list of property rights that an individual holds (in addition to name, photograph, and likeness). The ELVIS Act also addresses concerns raised by musicians and other artists that AI can be used to impersonate such artists' voices, images or likenesses without their consent. Under the ELVIS Act, a person is liable for a civil action if the person "distributes, transmits, or otherwise makes available an algorithm, software, tool, or other technology, service, or device" with the primary purpose of production of an individual's photograph, voice, or likeness without authorization. The legislation includes exemptions for fair use and certain commercial uses, and owners and employees of any medium used for advertising are expressly exempt from the law (unless it is established that the owner or employee had knowledge that the advertising otherwise violated the law). |
| Which agency regulates the use of AI in your jurisdiction? | Not applicable. |
AI Legislative Guide
USA, Tennessee
(United States) Firm Bass, Berry & Sims PLCContributors Emily Burrows
Updated 01 Sep 2024Yes.
Yes, the Ensuring Likeness, Voice, and Image Security Act of 2024 ("ELVIS Act") was signed into law in March 2024 and will go into effect on July 1, 2024.
The legislation was created to expand Tennessee's Personal Rights Protection Act of 1984 to add "voice" to the list of property rights that an individual holds (in addition to name, photograph, and likeness). The ELVIS Act also addresses concerns raised by musicians and other artists that AI can be used to impersonate such artists' voices, images or likenesses without their consent. Under the ELVIS Act, a person is liable for a civil action if the person "distributes, transmits, or otherwise makes available an algorithm, software, tool, or other technology, service, or device" with the primary purpose of production of an individual's photograph, voice, or likeness without authorization. The legislation includes exemptions for fair use and certain commercial uses, and owners and employees of any medium used for advertising are expressly exempt from the law (unless it is established that the owner or employee had knowledge that the advertising otherwise violated the law).
Not applicable.