ELVIS Act: The Music Industry’s State-by-State Battle Against AI Deepfakes in the Music Industry

The ELVIS Act, designed to safeguard an individual’s voice, image, and likeness from unethical use of artificial intelligence (AI), received unanimous bipartisan support in the Tennessee Senate Commerce and Labor Committee and the House Commerce Committee on February 27. Tennessee, known as “Music City USA,” has a vibrant music industry community, making the bill’s swift advancement unsurprising. Testimonies from prominent figures in the music community, such as Natalie Grant, Matt Maher, and David Hodges, were heard during the committee hearings. Todd Dupler, the chief advocacy and public policy officer of the Recording Academy, also attended the hearing and discussed the Academy’s efforts to protect artists’ rights in the face of AI through initiatives like the Human Artistry Campaign. AI has become a contentious issue in the music industry, with some artists embracing it while others express concerns about intellectual property violations and deepfakes. Many states in the US have “right of publicity” laws that safeguard artists’ image and name, but these laws were written before the digital age and do not cover digital replicas. The goal is to update these laws for the digital era, and Tennessee is an ideal starting point due to its strong right of publicity law, which was previously used by the Elvis Presley estate. The Recording Academy has collaborated with the governor’s office and music community stakeholders to draft the legislation and gain the governor’s support. The organization is optimistic that the bill will pass the full legislature and become law. Despite the controversy surrounding AI, it has managed to unite the music industry. The diverse nature of the industry makes it challenging to achieve consensus, but when alignment and common ground are found, significant progress can be made, as demonstrated by the Music Modernization Act and the Save our Stages Act. The bipartisan support for the ELVIS Act is a rare occurrence in politics. The implications of not implementing legislation to protect against unethical AI use extend beyond individual artists; it affects all citizens governed by the law. The ELVIS Act not only safeguards creatives and public figures but also protects the general population. Lainey Wilson, an artist, testified before Congress about her likeness being used to sell weight loss gummies without her consent, which could mislead and distort her fans’ perception of her. The Recording Academy believes that AI has the potential to democratize music creation and make it more accessible to a wider audience while also generating new efficiencies and creative ideas. CEO Harvey Mason Jr. expressed a similar sentiment in a 2023 interview, stating that with the right regulations, AI can serve as a “creative amplifier.”